A Treatise on the Rules for the Selection of the Parties to an Action,. |
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Common terms and phrases
action brought action for tort actions on contract agent agreement arises assignee authority bailee bailment bankrupt Bankruptcy Act bill Bing bound breach of contract bring an action bring trover Bullen carrier cause of action Chapter chose in action claim committed common law corporation court court of equity covenant coverture CURIAM damage death debts due deceased defendant detinue employed entitled equity ex delicto Exception Exch executor executor or administrator firm fraud ground held husband and wife Ibid infant injury interest join joinder joint jointly judgment land lessee lessor liable libel Lindley maintain an action marriage necessary negligence non-joinder owner partner Partnership party person plaintiff plea plea in abatement Pleadings principal promise question Rail recover representatives right of action right to possession rule Saund set-off Smith statute sued tenant testator tion tract trespass trustee unless Vict Williams words wrong wrong-doer
Popular passages
Page 429 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another ; therefore, it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.
Page 219 - ... is to be done by all or any one or more of such persons, but all such persons are in this Act included under the term " trustee," and shall be jointtenants of the property of the bankrupt.
Page 466 - With respect to the question whether a principal is answerable for the act of his agent in the course of his master's business, and for his master's benefit, no sensible distinction can be drawn between the case of fraud and the case of any other wrong.
Page 217 - ... an account shall be taken of what is due from the one party to the other in respect of such mutual dealings, and the sum due from the one party shall be set off against any sum due from the other party, and the balance of the account, and no more, shall be claimed or paid on either side respectively...
Page 398 - I think that what was said in the case of Marshall v. The York, Newcastle and Berwick Railway Company (7) was quite correct. It was there laid down that the right which a passenger by railway has to be carried safely, does not depend on his having made a contract, but that the fact of his being a passenger casts a duty on the company to carry him safely...
Page 333 - ... inserting the name of the bankrupt, and by that name may in any part of the British dominions or elsewhere hold property of every description, make contracts, sue and be sued, enter into any engagements binding on himself and his successors in office, and do all other acts necessary or expedient to be done in the execution of his office.
Page 192 - In every case of a judicial separation the wife shall, whilst so separated, be considered as a feme sole for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil proceeding...
Page 472 - ... all put in. The act of opening it was the act of the employer, though done through the agency of the coal merchant ; and the defendant, having thereby caused danger, was bound to take reasonable means to prevent mischief. The performance of this duty he omitted ; and the fact of his having entrusted it to a person who also neglected it, furnishes no excuse, either in good sense or law.
Page 510 - These are to will and command you, or such of you as deny the alleged title, within sixteen days after service hereof, to appear in our court of to defend the said property, or such part thereof as you may be advised ; in default whereof judgment may be signed, and you turned out of possession.
Page 377 - That the finder of a jewel, though he does not by such finding acquire an absolute property or ownership, yet he has such a property as will enable him to keep it against all but the rightful owner, and consequently may maintain trover.