Reports of Cases Argued and Determined in the Court of Exchequer: From Easter Term, 32 George III. to [Trinity Term 37 George III.] ... Both Inclusive. [1792-1797], Volume 2
W. Clarke and Sons, 1817 - Law reports, digests, etc
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abate action admitted agreement alien allowed answer appears apply appointment argued assignment attorney Baron bill bond bound brought cause charged Chief cited claim clerks commission composition considered costs Court covenant creditors Crown debt decision decree deed defendant demand demurrer deposit determined devise discharged discovery Duke effect entitled equity establish evidence execution fact filed forest fraud give given grant ground hands heir held injunction insisted interest issue Jones King land lease levied Lord MACDONALD matter meaning ment modus mortgage motion moved nature necessary never notice objection obtained opinion original paid parish particular parties payment person plaintiff plea Plumer possession practice present proceeding produced proper proved purchaser question reason received refused rent rule settle sheriff shew ship statute sufficient suit taken tenant Term tion tithes trust void whole
Page 422 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the 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 some other person thereunto...
Page 431 - ... claim under him, with notice, either actual or constructive, of such deposit having been made. Lord Eldon, and Sir William Grant, considered the doctrine as pernicious, and they generally expressed a strong disapprobation of it, as breaking in upon the statute of frauds, and calling upon the court to decide, upon parol evidence, what is the meaning of the...
Page 616 - ... nuisance being, as laid down by Lord Hale, a question of fact, and not of law. That may be, where the question is of nuisance only, and the evidence doubtful. But the cases cited, and those which Lord Hale has given us, in the treatise De Portibus Maris, clearly prove, that where the King claims and proves a right to the soil, where a purpresture and nuisance have been committed, he may have a decree to abate it.
Page 440 - ... suspicion, and that certainty as to facts, which no mind could hesitate to pronounce enough to call for further inquiry, and to put the party upOn his diligence. No general rule can, therefore, be laid down to govern such cases. Each must depend upon its own...
Page 438 - Constructive notice is defined to be in its nature no more than evidence of notice, the presumption of which is so violent that the court will not even allow of its being controverted.
Page 417 - CJ, delivered the opinion of the court, and, after stating the case, proceeded as follows: — The appellant contends that this decree is erroneous, because the laws which purport to give the exclusive privilege it sustains are repugnant to the constitution and laws of the United States. They are said to be repugnant, — 1.
Page 507 - S. to the use of himself and his wife for their lives, and the life of the survivor, and after...
Page 541 - Half pay is intended by the state to provide decent maintenance for experienced officers, both as a reward for their past services and to enable them to preserve such a situation that they may always be ready to return into actual service.
Page 608 - April, 14, Ch. II. (Lord Hale presiding in it,) decreed, that the new ferry should be suppressed and that the defendants should not have liberty to use any ferry boat, to the annoyance of the plaintiff's ancient ferry.* So in the anonymous case. 3 Atk. 750, where it was moved to issue an injunction against building a small-pox hospital in Cold Bath Fields, Lord Hardwicke lays it down, that, in the case of a public nuisance, an information by the Attorney...
Page 606 - In the case of a purpresture, the same mode of proceeding has been held proper. In case of a decree for the Crown, an inquiry is directed whether it be most beneficial for the Crown to abate the purpresture, or to suffer the erections to remain and be arrented.