Term Reports in the Court of King's Bench, 第 2 巻J. Butterworth and Son, 1817 |
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act of bankruptcy act of parliament action admitted afterwards agreement appears apply appointed ASHHURST assignment assumpsit bail bailiff bankrupt bill of lading bishop bishop of Ely bond bound brought BULLER Burr certiorari charter common law considered consignee consignor contended contrà contract copyhold corporation costs Court Court of equity creditors debt declaration deed defendant defendant's discharged election entitled evidence execution executor fendant give given grant GROSE ground heirs held indictment Inhabitants intended issue judge judgment jury justice KING land lease lessor liable liberty Lord Mansfield mandamus manor ment objection opinion paid parish party pauper payment person plaintiff plea pleaded possession present prisoner question quo warranto received recover rent repair rule scire facias Sessions settlement sheriff shew cause ship statute sufficient taken tenant term tion trial trustees verdict Vide visitor void warrant whole words writ of error
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443 ページ - Coke (vo1. 1, 1040,) is, that 'when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate and not words of purchase.
80 ページ - We may lay it down as a broad general principle, that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
443 ページ - Court of King's Bench, 1786. 1 Term Rep. 159. Ejectment tried at the last assizes at Salisbury, before Hotham, Baron, when a verdict was found for the plaintiff, subject to the opinion of the Court...
83 ページ - ... but to serve as a guide for the future. Most of us have heard these principles stated, reasoned upon, enlarged, and explained, till we have been lost in admiration at the strength and stretch of the human understanding. And I should be very sorry to find myself under a necessity of differing from any case on this subject which has been decided by LORD MANSFIELD, who may be truly said to be the founder of the commercial law of this country.
473 ページ - But charging another with having had a contagious disorder is not actionable ; for unless the words spoken impute a continuance of the disorder at the time of speaking them, the gist of the action fails...
61 ページ - HOLMES delivered the opinion of the court. The question in this case is whether the following instrument is entitled to probate: "Washington, DC Aug. 31
352 ページ - That we may the better apprehend the nature of a visitor, we are to consider that there are in law two sorts of corporations aggregate ; such as are for public government, and such as are for private charity. Those that are for the public government of a town, city, mystery, or the like, being for public advantage, are to be governed according to the laws of the land.
352 ページ - Hall, which have no particular or special visitors, yet corporations for charity, founded and endowed by private persons, are subject to the rule and government of those that erect them; but where the persons to whom the charity is given are not incorporated, there is no such visitatorial power, because the interest of the revenue is not invested in them; but where they are, the right of visitation ariseth from the foundation, and the founder...
576 ページ - First, that every information or indictment must contain such a description of the crime that the defendant may know what crime it is which he is called upon to answer. " Secondly, that the jury may appear to be warranted in their conclusion of guilty or not guilty.
117 ページ - Now it is an incontrovertible position, that by the general law of the land the parish at large is prima facie bound to repair all highways lying within it, unless by prescription they can throw the onus on particular persons by reason of their tenure ; but when this is the case, it is by way of exception to the general rule, and therefore, where no other persons are bound to repair, the parish must do so, ex necessitate.