Reports of Cases Argued and Determined in the Queen's Bench Practice Court: With the Points of Pleading and Practice Decided in the Courts of Common Pleas and Exchequer; from Easter Term, 1843 to [Michaelmas Term, 1849], Part 145, Volume 2

Front Cover

From inside the book

What people are saying - Write a review

We haven't found any reviews in the usual places.

Selected pages

Other editions - View all

Common terms and phrases

Popular passages

Page 695 - ... or other officer, to call before them, by rule of Court, as well the party issuing such process as the party making such claim, and thereupon to exercise, for the adjustment of such claims and the relief and protection of the sheriff or other officer, all or any of the powers and authorities hereinbefore contained, and make such rules and decisions as shall appear to be just, according to the circumstances of the case ; and the costs of all such proceedings shall be in the discretion of the Court.
Page 46 - Michaelmas term, 1836, the defendant obtained a rule, calling on the plaintiff to shew cause why the...
Page 541 - ... as aforesaid, it shall and may be lawful for such Justice to commit every such person to the House of Correction, there to remain and be held to hard labour for a reasonable time, not exceeding three months...
Page 478 - Offender shall be liable for each and every such representation to the Payment of an Amount not less than Forty Shillings, or to the full Amount of the Benefit or Advantage arising from such Representation, or the Injury or Loss sustained by the Plaintiff therefrom, whichever shall be the greater Damages, to the Author or other Proprietor of such Production so represented...
Page 388 - ... the cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the higher. This appears to be equally true where there is but one cause of action, whether it be against a single person or many. The judgment of a court of record changes the nature of that cause of action, and prevents its being the subject of another suit, and the cause of action, being single, cannot afterwards be divided into two.
Page 475 - That if any person shall, during the continuance of such sole liberty as aforesaid, contrary to the intent of this act, or right of the author or his assignee...
Page 58 - That the Commissioners shall assign to the Assignees, for the Benefit of the Creditors of the Bankrupt, all the present and future Personal Estate of such Bankrupt wheresoever the same may be found or known, and all Property which he may purchase, or which may revert, descend, be devised or bequeathed or come to him, before he shall have obtained his Certificate...
Page 285 - And it may be safely laid down, notwithstanding some dicta apparently to the contrary, that if the contract be rendered illegal, it can make no difference, in point of law, whether the statute which makes it so has in view the protection of the revenue, or any other object. The sole question is, whether the statute means to prohibit the contract.
Page 823 - ... before the credit given to or the debt contracted by him ; and what shall appear due on either side on the balance of such account, and no more, shall be claimed or paid on either side respectively ; and every debt or demand hereby made...
Page 910 - ... or refusal of the tenant or occupier, as the case may be, it shall be lawful for the justices, acting for the district, division, or place within which the said premises, or any part thereof shall be situate, in petty sessions assembled, or any two of them, to issue a warrant under their hands and seals to the constables and peace officers of the district, division, or place within which the said premises...

Bibliographic information