Cases Argued and Determined in the Court of Common Pleas and in the Exchequer Chamber: From 1856 ... [to 1865], Volume 1T. & J.W. Johnson & Company, 1857 - Law reports, digests, etc |
From inside the book
Results 1-5 of 66
Page 45
... particular state of facts . The same questions arise in each case , -is this a rent- charge ? and , are the claimants possessed of a freehold interest of sufficient amount ? All the parties claim under the same will . CRESSWELL , J ...
... particular state of facts . The same questions arise in each case , -is this a rent- charge ? and , are the claimants possessed of a freehold interest of sufficient amount ? All the parties claim under the same will . CRESSWELL , J ...
Page 59
... particular mode of proof of the notice . It is necessary , in order to enable the objector to obtain the stamped duplicate , that the original notice should be delivered to the postmaster in due time .. There is nothing in the act to ...
... particular mode of proof of the notice . It is necessary , in order to enable the objector to obtain the stamped duplicate , that the original notice should be delivered to the postmaster in due time .. There is nothing in the act to ...
Page 123
... particular contract . [ * 114 The jury returned a verdict for the plaintiffs , damages 751 . * Petersdorff ( with whom was Byles , Serjt . ) now moved , pur- suant to the leave reserved , to enter a verdict for the defendant , or for a ...
... particular contract . [ * 114 The jury returned a verdict for the plaintiffs , damages 751 . * Petersdorff ( with whom was Byles , Serjt . ) now moved , pur- suant to the leave reserved , to enter a verdict for the defendant , or for a ...
Page 161
... particular parts of the estate were in possession of a tenant , without any information as to his interest , and taking it for granted it was only from year to year , was bound by a lease that tenant had , which was a surprise upon him ...
... particular parts of the estate were in possession of a tenant , without any information as to his interest , and taking it for granted it was only from year to year , was bound by a lease that tenant had , which was a surprise upon him ...
Page 221
... particular case , we perhaps do that which is more than proportionably convenient in general , if , by dis- charging the rule , we cause it to be generally understood that these societies cannot depart from their established rules , or ...
... particular case , we perhaps do that which is more than proportionably convenient in general , if , by dis- charging the rule , we cause it to be generally understood that these societies cannot depart from their established rules , or ...
Common terms and phrases
action affidavit aforesaid agent agreement alleged amount application appointed assignees attorney authority behalf borough carriage carried Caterham charge charter-party claim coal and coke coals COCKBURN coke collieries complainant contract costs counsel court court of equity creditor CRESSWELL CROWDER damages debt declaration deed defendant defendant's delivered deponent discharged E. C. L. R. vol Eastern Counties Railway Eastern Railway Company Edward Rawson entitled evidence Exch execution ground held issue John Thackeray judge judgment jury Kingston station land Lingham London Lord Messrs Midland Midland railway North Eastern Railway notice objection opinion owners Oxlade paid party payment person plaintiff plea premises proceedings purpose question Ralph Ellis reason received recover referred refused rent respect revising barrister river Yeo Royal British Bank rule shareholder show cause Sir F society statute tenant thereof Thesiger tion traffic trial verdict Vict wagons William writ
Popular passages
Page 219 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 595 - ... is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must return it to its ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above, without a grant or an uninterrupted enjoyment of twenty years, which...
Page 595 - ... without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment.
Page 303 - It has been contended that that is erroneous, and that it should have been left to the jury to say whether there was any such implied contract.
Page 315 - Olyn, for the plaintiff, contended that, under the 87th section of the Common Law Procedure Act 1854 (17 & 18 Viet. c. 125...
Page 447 - ... no such company shall make or give any undue or unreasonable preference or advantage to or in favour of any particular person or company, or any particular description of traffic, in any respect whatsoever...
Page 123 - Judge reserved leave to the defendant to move to enter the verdict for him if the Court should be of opinion that...
Page 43 - ... if the qualification consist of a rent-charge, then the names of the owners of the property out of which such rent is issuing, or some of them, and the situation of the property.
Page 561 - ... appear in such copy or extract without proof of the signature thereto or of the seal of office affixed thereto...
Page 303 - And it is further submitted, that it is an invariably true proposition, that, wherever one of the parties to a special contract not under seal has. in an unqualified manner, refused to perform his side of the contract, or has disabled himself from performing it by his own act, the other party has, thereupon, a right to elect to rescind it, and may, on doing so, immediately sue on a quantum meruit for anything which he had done under it previously to the rescission ; this it is apprehended is established...