Reports of Cases Argued and Determined in the Court of King's Bench: And Upon Writs of Error from that Court to the Exchequer Chamber, in Michaelmas Term, 1836, [to Trinity Term, 1838], Volume 2
S. Sweet, 1839 - Law reports, digests, etc
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according action admissible admitted aforesaid alleged amount answer appears apply appointed assignment authority bill brought called cause clear common Company consideration considered contended contract copy corporation costs count Court decided decision defendant delivered directed discharged effect entered entitled evidence examination fact former give given granted ground hands handwriting held intention interest issue John judge judgment jury Justices King knowledge land letters Lord DENMAN matter means ment mentioned necessary notice objection obtained opinion overseers paid parish party passed Patteson pauper payment person plaintiff plea pleaded possession present produced promise proved question reason received record removal respect rule sessions shew signed statute sufficient supposed taken term tion trial verdict void whole witness writ writing
Page 71 - On the other hand, the general rule, supported by the best elementary writers, is, that "when an act of the legislature is repealed, it must be considered, except as to transactions past and closed, as if it never existed.
Page 176 - Ship called the whereof is Master for this present Voyage and now riding at Anchor in the and bound for to say being marked and numbered as in the Margin, and are to be delivered in the like good order and well conditioned...
Page 636 - ... more than two calendar months before the issuing of such commission, shall be valid, notwithstanding any prior act of bankruptcy by him committed; provided the person or persons so dealing with such bankrupt, or at whose suit or on whose account such execution or attachment shall have issued, had not at the time of such conveyance, contract, dealing, or transaction, or at the time of executing or levying such execution or attachment, notice of any prior act of bankruptcy by him committed...
Page 66 - Waterton, for the delivery, duty free, of some birds, quadrupeds, reptiles, and insects, collected by him in Guiana, and recently imported from Demerara, I have it in command to acquaint you that my Lords have informed Mr. Waterton that, if he will...
Page 178 - The question for the opinion of the Court is, whether, under the above circumstances, the plaintiff is entitled to recover.
Page 570 - ... in damages to be assessed by a jury. But where, besides the crime, property is acquired which benefits the testator, there an action for the value of the property shall survive against the executor. As, for instance, the executor shall not be chargeable for the injury done by his testator in cutting down another man's trees, but for the benefit arising to his testator for the value or sale of the trees he shall.
Page 695 - The application to a judge, in the course of a cause, to direct a verdict for one or more of several defendants in trespass is strictly to his discretion ; and that discretion is to be regulated, not merely by the fact that at the close of the plaintiff's case no evidence appears to affect them, but by the probabilities whether any such will arise before the whole evidence in the cause closes.
Page 365 - ... and empowered to execute all such of the duties of the office of overseer of the poor as shall in the warrant for his appointment be expressed, in like manner and as fully, to all intents and purposes, as the same may be executed by any ordinary overseer of the poor...
Page 79 - ... any bill of exchange or promissory note be affected by reason of any statute or law in force for the prevention of usury...
Page 268 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.