Reports of Cases Argued and Determined in the Court of Exchequer: With a Table of the Names of the Cases and a Digest of the Principal Matters, Volume 2H. Butterworth, 1838 - Law reports, digests, etc |
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Common terms and phrases
act of Parliament action affidavit aforesaid agent agreement ALDERSON alleged amount appears arrest assignment ASSUMPSIT attorney authority bail bill of exchange Bing BOLLAND bond Brind broker charges chattels clause club contended contract costs count Court covenants damages debt declaration mentioned defendant defendant's delivered demise demurrer distrained distress entitled evidence Exchequer execution fact fendant give given Gord ground GURNEY held indorsed issue judgment jury land landlord learned judge lease lessor liable Lord Abinger Lord Ellenborough ment nisi Nisi Prius nolle prosequi non est factum nonsuit notice objection obtained a rule opinion paid Parke party payment person plaintiff pleaded premises principle privileged probable cause promissory note proved question recover rent replication Rule absolute Rule discharged set-off sheriff shewed cause shewn sold Stanion stat statute sufficient taken tenant testator thereof tion trade trespass trial verdict William words writ
Popular passages
Page 204 - EB, deceased, at the time of the making of the said indenture, was seised in his demesne, as of freehold for the term of his natural life, of and in the said demised premises, with the appurtenances...
Page 238 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page 55 - That the said ship being tight, staunch and strong, and every way fitted for the voyage...
Page 243 - It is a very useful rule in the construction of a statute to adhere to the ordinary meaning of the words used, and to the grammatical construction, unless that is at variance with the intention of the Legislature to be collected from the statute itself, or leads to any manifest absurdity or repugnance, in'which case the {language may be varied or modified so as to avoid such inconvenience, but no further.
Page 38 - Provided that no such rule or order should have the effect of depriving any person of the power of pleading the general issue, and of giving the special matter in evidence, in any case wherein he then was or thereafter should be entitled so to do, by virtue of any act of parliament then or thereafter to be in force...
Page 248 - Upon the proof of extrinsic facts, which is always allowed in order to enable the Court to place itself in the situation of the devisor, and to construe his will, it would have appeared that there were at the date of the will two persons, to each of whom the description would be equally applicable. This clearly resembles the case put by Lord Bacon of a latent ambiguity, as where one grants his manor of S.
Page 172 - That every broker or other person who shall make and levy any distress whatsoever shall give a copy of his charges, and of all the costs and charges of any distress whatsoever, signed by him, to the person or persons on whose goods and chattels any distress shall be levied, although the amount of the rent demanded shall exceed the sum of twenty pounds.
Page 75 - It has long been settled, that, in commercial transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contracts, in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages have been established and prevailed ; and this has been done upon...
Page 192 - Court are to be governed, in exercising this summary jurisdiction over its officers, seems to me to be this : where an attorney is employed in a matter wholly unconnected with his professional character, the Court will not interfere in a summary way to compel him to execute faithfully the trust reposed in him. But...
Page 243 - Provisional or other Assignee or Assignees of such Prisoner appointed under this Act : Provided always, that no such Conveyance, Assignment, Transfer, Charge, Delivery or making over, shall be so deemed fraudulent and void, unless made within Three Months before the Commencement of such Imprisonment, or with the View or Intention by the Party so conveying, assigning, transferring, charging, delivering, or making over, of petitioning the said Court for his or her Discharge from Custody under this...