Reports of Cases Argued and Ruled at Nisi Prius: In the Courts of King's Bench & Common Pleas and on the Circuit, from the Sittings in Michaelmas Term, 1823 to [Easter Term, 1841]S. Sweet, 1825 - Law reports, digests, etc |
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Common terms and phrases
ABBOTT act of bankruptcy act of Parliament action admitted agreement appeared assignees ASSUMPSIT attorney Bank bankrupt BAYLEY bill broker brought BURROUGH called Campbell cause charge clerk coach contended contract count Court of King's cross-examination Curwood damages debt declaration deed defendant defendant's counsel delivered dence entitled evidence executors feme covert fendant GIFFORD give given guilty Gurney held horse HULLOCK indictment issue Judge jury King's Bench letter liable LITTLEDALE LORD CHIEF JUSTICE Lord ELLENBOROUGH Lordship Marryatt ment Messrs Nisi Prius nonsuit notice objected opinion owner paid parish PARK party payment Pell person plaintiff plaintiff's counsel plea pleaded prisoner produced proof question receipt received recover Scarlett Serjeant's Serjeant's Inn Serjt servant sheriff shew ship sold statute statute of frauds Taddy Taunton Term tiff tion trial trover Vaughan Verdict voir dire warranty wife witness proved
Popular passages
Page 537 - Action shall have arisen, and not elsewhere ; and the Defendant or Defendants in such Action or Suit shall and may plead the General Issue, and give this Act and the special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Act...
Page 454 - ... such offender shall be deemed to have feloniously stolen the same...
Page 490 - ... under such circumstances, the purchaser has a right to expect a saleable article answering the description in the contract. Without any particular warranty, this is an implied term in every such contract. Where there is no opportunity to inspect the commodity, the maxim of caveat emptor does not apply. He cannot without a warranty insist that it shall be of any particular quality or fineness, but the intention of both parties must be taken to be, that it shall be saleable in the market under...
Page 214 - agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or by some person by him thereunto lawfully authorized.
Page 537 - That if any Action or Suit shall be commenced against any Person or Persons for any thing done in pursuance of this Act...
Page 146 - Oregon. The cause was tried with a jury, who gave a, verdict for the defendant; and is now before the court on a motion for a new trial. It appeared on the trial that the plaintiff...
Page 624 - ... unless the agreement upon which the action is brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person by him or her lawfully authorized.
Page 655 - The doctrine contended for, on the part of the prow* secutor, would make every breach of warranty, or false assertion, at the time of a bargain, a transportable offence. Here the party bought the property, and took as his security a covenant, that the vendor had "* a good title. If he now finds that the vendor had not a good title, he must resort to the covenant. This is only a ground for a civil action.
Page 511 - ... the acting or presuming to act as a corporate body or bodies, the raising or pretending to raise transferable stock or stocks, the transferring or pretending to transfer or assign any share or shares in such stock or stocks without legal authority, either by Act of Parliament or by any charter from the Crown, to warrant such acting as a body corporate, or to raise such transferable stock or stocks, or to transfer shares therein...
Page 220 - Term, obtained a rule nisi to set aside the nonsuit and for a new trial, on the ground that there was evidence to go to the jury of the defendant's liability.