Reports of Cases Argued and Determined in the Court of Queen's Bench: And Upon Writs of Error from that Court to the Exchequer Chamber, in Michaelmas and Hilary Terms, in the Second Year of Victoria [1838-Hilary Term, 1841].S. Sweet, 1839 - Law reports, digests, etc |
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Page 14
... opinion that the declaration may be so read . The practice appears to have been in former times , to set out the custom of the realm , but it was afterwards very properly held to be unnecessary so to do , because the custom of the realm ...
... opinion that the declaration may be so read . The practice appears to have been in former times , to set out the custom of the realm , but it was afterwards very properly held to be unnecessary so to do , because the custom of the realm ...
Page 31
... opinion that the case itself would not admit of any such allegation . I question whether mere pecuniary loss can be considered such special damage as not to be properly met by a plea of set - off . No doubt the damage arising to a ...
... opinion that the case itself would not admit of any such allegation . I question whether mere pecuniary loss can be considered such special damage as not to be properly met by a plea of set - off . No doubt the damage arising to a ...
Page 44
... opinion ; and as I found my opinion on the single point of notice being necessary , find it unnecessary to examine the question as to the con- struction of the condition , or on whom the burthen fell of proving an offer or refusal to ...
... opinion ; and as I found my opinion on the single point of notice being necessary , find it unnecessary to examine the question as to the con- struction of the condition , or on whom the burthen fell of proving an offer or refusal to ...
Page 53
... opinion that it did not . The agreement was , that in consideration of Mr. Southwood permitting the defendant to hold the offices at the will of Mr. Southwood , the defendant promised to pay out of the fees of the offices the annuity ...
... opinion that it did not . The agreement was , that in consideration of Mr. Southwood permitting the defendant to hold the offices at the will of Mr. Southwood , the defendant promised to pay out of the fees of the offices the annuity ...
Page 58
... opinion , but I own I never could assent to it . This declaration is clearly not sustainable . PATTESON , WILLIAMS and COLERIDGE JS . concurred . Judgment for the defendant ( c ) . ( a ) 5 B. & Ad . 645 ; 2 N. & M. 460 . ( b ) 4 B. & Ad ...
... opinion , but I own I never could assent to it . This declaration is clearly not sustainable . PATTESON , WILLIAMS and COLERIDGE JS . concurred . Judgment for the defendant ( c ) . ( a ) 5 B. & Ad . 645 ; 2 N. & M. 460 . ( b ) 4 B. & Ad ...
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Common terms and phrases
admitted affidavits aforesaid agreement alleged Alnwick appears applied assigned assumpsit attestation authority averment award bankrupt BATCHELDOR bill Bing borough cause of action certiorari churchwardens clause Coleridge Company contended contrà contract copyhold corporation COSTOCK costs count Court CROYDON CANAL damages debt declaration defendant defendant's delivered demise demurrer discharged entitled evidence execution fact grant ground habeas corpus held Hungerford Market issue judge judgment jury justices lands lease lessor liable Littledale Liverpool Lord Den Lord Denman C. J. mandamus manor master ment Michaelmas mortgagee notice objection opinion order of sessions overseers paid parish parties Patteson pauper payment person plaintiff plea pleaded possession premises present prisoner proved quarter sessions quashed QUEEN question rateable rent Royds rule seal settlement sheriff shewed cause shewn statute tenant term testator thereof tion transhipment trustees Upper Canada Van Diemen's Land verdict Williams witnesses writ YEAVELEY
Popular passages
Page 315 - CD, or any person in trust for him, was seised or possessed of on the said day of (c), or at any time afterwards, or over which the said CD, on the said day of (c), or at any time afterwards, had any disposing power which he might, without the assent of any other person, exercise for his own benefit...
Page 675 - Testament, in witness whereof I the said John McMillan have to this my Last Will and Testament set my hand and seal the day and year above written.
Page 312 - Chancery, and according to the form of the statute, in such case made and provided, chose to be delivered to him all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough ; and also all such lands, tenements, rectories, tithes, rents, and hereditaments...
Page 317 - CD in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said CD, or any person in trust for him, was...
Page 315 - Therefore we command you, that without delay you cause to be delivered to the said ./. B., by a reasonable price and extent, all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough ; and also all such lands, tenements, rectories, tithes, rents, and hereditaments...
Page 317 - CD on the said day of or at any time afterwards had any disposing power which he might without the assent of any other person exercise for his own benefit, to hold to him the said goods and chattels as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said two several sums of /. and /., together with interest upon the said sum of /., at the...
Page 322 - AB in pursuance of the said decree [or, order, as the case may be~\ . And that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf. And in what manner you shall have executed this our writ, make appear to us, in our said Court immediately after the execution thereof.
Page 129 - ... be paid into the Bank of England in the name and with the privity of the accountant general of the Court of Exchequer, to be placed to his account there ex parte the commissioners of sewers for whom such lands, tenements, or hereditaments shall be taken, pursuant to the method prescribed by an Act passed in the first year of the reign of...
Page 321 - AB, as for his costs and charges by him about his suit in that behalf expended...
Page 445 - Will. 4, c. 32, s. 47, which says, " and for the protection of persons acting in the execution of this act, be it enacted, that all actions and prosecutions to be commenced against any person for any thing done in pursuance of this act...