Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of Cases and Principal Matters, Volume 2J. Butterworth and Son, 1810 |
Dari dalam buku
Hasil 1-5 dari 41
Halaman 66
... trespass in manner and form as in the plea mentioned . To this replication there was a demurrer , affigning for fpecial caufes , that though the plaintiff has by his replication admitted that the faid dwelling - house was the foil and ...
... trespass in manner and form as in the plea mentioned . To this replication there was a demurrer , affigning for fpecial caufes , that though the plaintiff has by his replication admitted that the faid dwelling - house was the foil and ...
Halaman 67
... trespass quare claufum fregit : in the latter it was faid that if the defendant justify , and allege free- hold in another by whofe command he entered , the plaintiff cannot traverse the command , because it would admit the rest of the ...
... trespass quare claufum fregit : in the latter it was faid that if the defendant justify , and allege free- hold in another by whofe command he entered , the plaintiff cannot traverse the command , because it would admit the rest of the ...
Halaman 69
... trespass and replevin ; which latter was the cafe in judgment ; and there it was held traversable ; and the distinction taken as to trefpafs was extrajudicial and mistaken . Since it has been fettled that trefpafs will lie upon mere ...
... trespass and replevin ; which latter was the cafe in judgment ; and there it was held traversable ; and the distinction taken as to trefpafs was extrajudicial and mistaken . Since it has been fettled that trefpafs will lie upon mere ...
Halaman 70
... trespass made title and gave colour to the plaintiff , who replied de injuriâ , & c . and traversed the ( a ) This was cited from 2 Stra . 1238. where it is very fhortly re- ported . The following note of that cafe is from Mr. Ford's MS ...
... trespass made title and gave colour to the plaintiff , who replied de injuriâ , & c . and traversed the ( a ) This was cited from 2 Stra . 1238. where it is very fhortly re- ported . The following note of that cafe is from Mr. Ford's MS ...
Halaman 71
... trespass ; because in that cafe poffeffion is the plaintiff's title , and the material thing to traverse is the defendant's title . And fo it is held exprefsly in Cro . Eliz . 671. Knight v . Lodge ; and the fame diftinction taken ...
... trespass ; because in that cafe poffeffion is the plaintiff's title , and the material thing to traverse is the defendant's title . And fo it is held exprefsly in Cro . Eliz . 671. Knight v . Lodge ; and the fame diftinction taken ...
Edisi yang lain - Lihat semua
Istilah dan frasa umum
action affigns aforefaid afterwards againſt alfo alſo anſwer becauſe bill cafe cargo caſe caufe cauſe claufe cofts commiffion confent confequence confideration copyhold Court covenant crown deceaſe declaration defendant Demife devife deviſed diſcharged eftate entitled eſtate evidence faid fame fecond fecurity fendant fervice fettled fettlement feveral fhall fheriff fhew fhip fhould firft firſt fome fpecification freehold ftat ftated ftatute fubject fuch fufficient furrender granted heirs himſelf houfe houſe iffue infurance intereft judgment juftices jury King laft lands Leffee leffor licence Lord ELLENBOROUGH C. J. marriage mayor muſt neceffary nonfuit paffed paid parish party perfon plaintiff plea poffeffion prefent premiſes purchaſe purpoſe queſtion raiſed reaſon recover refidence refpect remainder rent rule ſaid ſhall ſhe ſhip South Collingham ſtated ſuch tail teftator's tenant Term Rep theſe thofe thoſe tion Tofield trefpafs trial truſtees uſe veffel verdict voyage wife words writ
Bagian yang populer
Halaman 61 - ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff.
Halaman 44 - ... that all bonds, contracts, and assurances whatsoever, made after the time aforesaid, for payment of any principal, or money to be lent or covenanted to be performed upon or for any usury, whereupon or whereby there shall be reserved or taken above the rate of five pounds in the hundred, as aforesaid, shall be utterly void...
Halaman 432 - ... and were liable either to the Crown or the foreign owner for the safe custody of the vessel : and that on either of these grounds they were warranted in insuring on their own account. As to the first, it is material to see in what situation the captors stood : it is clear they had no vested right ; they could demand nothing of the Crown. Had the Crown made the grant in their favour, it would have been altogether ex gratia, a mere boon and gift.
Halaman 603 - ... heirs male of the body and bodies of all and every fuch fon and fons lawfully ifluing, the elder of fuch fons,, and the heirs male of his...
Halaman 213 - The question for the opinion of the court was, whether the plaintiffs were entitled to recover back the money so paid to the defendants.
Halaman 714 - East, 60, it was held that one who is injured by an obstruction on a highway, against which he fell, cannot maintain an action, if it appear that he was riding with great violence and want of ordinary care, without which he might have seen and avoided the obstruction.
Halaman 642 - ... connected covenants, generally of the same import and effect, and directed to one and the same object; and the qualifying language of the one may therefore properly enough be considered as virtually transferred to and included in the other of them. But the covenant for quiet enjoyment is of a materially different import, and directed to a distinct object.
Halaman 570 - The question is, Whether the plaintiff's dog incurred the penalty of death for running after a hare in another's ground ? And if there be any precedent of that sort, which outrages all reason and sense, it is of no authority to govern other cases.
Halaman 575 - In that of a man's franchise or privilege whereby he hath a fair, market, or ferry, if another shall use the like liberty, though out of his limits, he shall be liable to an action ; though by grant from the king. But therein is the difference to be taken between a liberty in which the public hath a benefit, and that wherein the public is not concerned.
Halaman 575 - Then when a man useth his art or his skill to take them, to sell and dispose of for his profit ; this is his trade ; and he that hinders another in his trade or livelihood is liable to an action for so hindering him.