Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of the Cases and the Principal Matters, Volume 6J. Butterworth and son, 1828 - Law reports, digests, etc |
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Page 16
... proved , that in one township ( Tibberton ) there was a modus for hay , and it was thereupon ob- jected for the defendant , that the custom was not proved as alleged . The learned Judge overruled the objection , but gave the defendant ...
... proved , that in one township ( Tibberton ) there was a modus for hay , and it was thereupon ob- jected for the defendant , that the custom was not proved as alleged . The learned Judge overruled the objection , but gave the defendant ...
Page 17
... proved as broadly as laid . Now , the plaintiff in the present case failed in proving the custom as alleged in his declaration . [ Holroyd J. It was proved that the custom prevailed in all parts of the parish where the tithe of hay was ...
... proved as broadly as laid . Now , the plaintiff in the present case failed in proving the custom as alleged in his declaration . [ Holroyd J. It was proved that the custom prevailed in all parts of the parish where the tithe of hay was ...
Page 18
... proved to be a bad one , the evidence given in this case would , if uncontradicted , be sufficient to establish the custom as to the township where that modus now exists . HOLROYD J. I think that the custom , as stated , was ...
... proved to be a bad one , the evidence given in this case would , if uncontradicted , be sufficient to establish the custom as to the township where that modus now exists . HOLROYD J. I think that the custom , as stated , was ...
Page 19
... proved that she sailed on the voyage insured with the goods on board , and SSUMPSIT on a policy of assurance on goods sent Where , in as- by La Vergine della Solitudine , on a voyage from Leghorn to Lisbon . The declaration averred that ...
... proved that she sailed on the voyage insured with the goods on board , and SSUMPSIT on a policy of assurance on goods sent Where , in as- by La Vergine della Solitudine , on a voyage from Leghorn to Lisbon . The declaration averred that ...
Page 20
... prove the loss , except the fact of non- arrival at Lisbon . It may be conceded that non - arrival after so long a period had elapsed proved a loss of some sort , but it did not prove a loss by the perils mentioned in the declaration ...
... prove the loss , except the fact of non- arrival at Lisbon . It may be conceded that non - arrival after so long a period had elapsed proved a loss of some sort , but it did not prove a loss by the perils mentioned in the declaration ...
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Common terms and phrases
ABBOTT C. J. act of parliament action ad quod damnum affidavit afterwards agreed agreement alleged annuity appeared assignees assumpsit authority award bail bankrupt BAYLEY benefit bill borough canal cause clause contrà contract copyhold Court court of equity covenant creditors debit debt declaration deed defendant defendant's delivered demurrer discharged entitled evidence execution executors expence felony fendant floating harbour granted grantor held heriot hiring HOLROYD indenture indictment instrument issue judgment jury justices Kenardington KING land lease liable LITTLEDALE Lord TENTERDEN ment mentioned Michaelmas nonsuit notice opinion paid parish party pauper payment person plaintiff plea premises proved question quo warranto received recover refused REGENT'S CANAL rent rule sessions settlement shew Singleborough staiths statute sufficient tenancy in common tenant tenement term testator thereof tithe Tonbridge trial trustees verdict void warrant of attorney Westmeath whole words writ
Popular passages
Page 471 - ... no goods or chattels whatsoever, lying or being in or upon any messuage, lands, or tenements, which are or shall be leased for life or lives, term of years, at will, or otherwise, shall be liable to be taken by virtue of any execution...
Page 480 - ... that no creditor having security for his debt, or having made any attachment in London, or any other place, by virtue of any custom there used, of the goods and chattels of the bankrupt, shall receive upon any such security or attachment more than a rateable part of such debt, except in respect of any execution or extent served and levied by seizure upon, or any mortgage of or lien upon any part of the property of such bankrupt before the bankruptcy...
Page 454 - CJ I am of opinion that this rule ought to be discharged. The case of the defendants is clearly untenable unless this paper can be brought- within section 1 of the carriers
Page 604 - I cannot pay the debt at present, but I will pay it as soon as I can.
Page 139 - The following certificate was afterwards sent : — " This case has been argued before us by counsel. We have considered it, and are of opinion...
Page 478 - ... rent do not amount to more than one year's rent ; and in case the said arrears shall exceed one year's rent, then the said party, at whose suit such execution is sued out, paying the...
Page 391 - 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...
Page 483 - Provided that no creditor, though for a valuable consideration, who shall sue out execution upon any judgment obtained by default/ confession or nil dicit, shall avail himself of such execution to the prejudice of other fair creditors, but shall be paid rateably with such creditors.
Page 609 - ... upon a general acknowledgment, where nothing is said to prevent it, a general promise to pay may and ought to be implied...
Page 471 - ... is sued out, paying the said landlord, or his bailiff, one year's rent, may proceed to execute his judgment, as he might have done before the making of this act ; and the sheriff or other officer is hereby empowered and required to levy and pay to the plaintiff as well the money so paid for rent, as the execution money.