Reports of Cases Adjudged in the Court of King's Bench,: During the Reigns of Charles the Second; James the Second; and William the ThirdW. Clarke and son, 1794 - Law reports, digests, etc |
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Common terms and phrases
act of parliament action adminiftration affigned againſt anfwer attorney becauſe Befides BISHOP OF LONDON cafe caſe caufe cauſe clerk commendam commiffion common law confequently court covenant Cowp cuftos rotulorum CURIAM debt defendant DOLBIN doth Dougl eftate Eliz eſtate executor exprefs faid fame feems feized fhall fhew fhould firft firſt fome fpecial ftatute fubject fuch fufficient fuit fuppofe furrender GEORGE TREBY grant hath heir Hilary Term himſelf HOLT Chief Justice iffue intereft judgment jurifdiction king King's Bench laft leafe LORD matter muft muſt otherwife party peace perfon plaintiff plea pleaded poffeffion Poft præd prefent prerogative queftion quod reafon rector reverfion Roll Abr S. C. Carth S. C. Comb S. C. Holt Salk ſhall Simon Leach Stra tenant Term Rep thefe theſe thofe thoſe Trinity Term uſe verdict vifitor void words writ of error
Popular passages
Page 65 - On the general iiTue, and verdidl for the plaintiff, it was moved in arreft of judgment, that the...
Page 118 - Land; and by the said Great Charter and other the Laws and Statutes of this Your Realm, no Man ought to be adjudged to Death but by the Laws established in this Your Realm...
Page 184 - Provided always, and be it further enacted, that if any person or persons shall be committed for high treason or felony, plainly and specially expressed in the warrant of commitment, upon his prayer or petition in open court the first week of the term, or first day of the sessions of Oyer and Terminer or general...
Page 210 - That to the court of King's Bench belongs authority, not only to correct errors in judicial proceedings, but other errors and misdemeanors extrajudicial, tending to the breach of peace, oppression of subjects, or to the raising of faction, controversies, debate, or to any manner of misgovernment.
Page 122 - ... and that all this law of merchants is part of the law of the land, and the judges are obliged to take notice of that as well as of any other law.
Page 277 - ... considerable time, it should abate by the transferring the freehold to a stranger, by reason of his agreement to some conveyance made before the writ brought; for otherwise there is nothing in the nature of the thing against conveying a freehold in futuro; for a rent de novo may be so granted; because that being newly created, there can be no precedent right to bring any real action for it. Palmer, 29, 30. Now in this case, suppose a...
Page 110 - ... same case above mentioned, in 5 Mod. argues and observes, upon the statute 31 Elizabeth, cap. 5, and its proviso in sect. 3, providing " That that act shall not extend to any such officers of record as have, in respect of their offices, theretofore lawfully used to exhibit informations...
Page 276 - Rep. 44. Where an act is done for a man's benefit an agreement is implied, till there be a disagreement. This does not hold only in conveyances, but in the gift of goods, 3 Co. 26. A grant of goods vests the property in the grantee before notice. So of things in action; a bond is sealed and delivered to a man's use, who dies before notice, his executors may bring an action. Dyer, 167. An...
Page 351 - I have in my eye, in his argument of this case:) it is an appointment of law; it ariseth from the property which the founder had in the lands assigned to support the charity; and as he is the author of the charity, the law gives him and his heirs a visitatorial power, that is, an authority to inspect the actions and regulate the behavior of the members that partake of the charity...
Page 331 - ... but that all fuch omiffions, variances, defects, and all other matters of like nature, not being againft the right of the matter of the fuit, nor...