Reports of Cases Decided in the Court of Common Pleas ..., Том 2H. Rowsell, 1853 |
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Страница 3
... evidence offered by the defen- dant ; and the plaintiff had a general verdict . In Easter Term , 14 Victoria , Cameron , Q. C. , obtained a rule calling on the lessor of the plaintiff to shew cause why the verdict should not be set ...
... evidence offered by the defen- dant ; and the plaintiff had a general verdict . In Easter Term , 14 Victoria , Cameron , Q. C. , obtained a rule calling on the lessor of the plaintiff to shew cause why the verdict should not be set ...
Страница 6
... evidence . Now here it could not have been pleaded ; the estoppel is not set up by the defendant as a defence ; the mortgage does not appear on the pleadings ; it comes out in the plaintiff's evidence in chief . The defendant , by ...
... evidence . Now here it could not have been pleaded ; the estoppel is not set up by the defendant as a defence ; the mortgage does not appear on the pleadings ; it comes out in the plaintiff's evidence in chief . The defendant , by ...
Страница 7
... evidence , though not pleaded . I take this to be the clear rule , and that consequently the plaintiff had a right to urge the plea and issue of usury , found in his favor of record , as conclu- sive upon Daniel Kelly the mortgagor ...
... evidence , though not pleaded . I take this to be the clear rule , and that consequently the plaintiff had a right to urge the plea and issue of usury , found in his favor of record , as conclu- sive upon Daniel Kelly the mortgagor ...
Страница 10
... evidence in chief ) was , that although the defendant had assigned the whole west half to Jane Hen- derson , still ... evidence , and consisted of the statements of one of the two subscribing witnesses , ( the other not being ...
... evidence in chief ) was , that although the defendant had assigned the whole west half to Jane Hen- derson , still ... evidence , and consisted of the statements of one of the two subscribing witnesses , ( the other not being ...
Страница 22
... evidence and for misdirection , and the rejection of evidence . He relied principally upon the insufficiency of the evidence in support of the 1st , 2nd and 3rd breaches ; and as he afterwards at the argument , gave up the objection ...
... evidence and for misdirection , and the rejection of evidence . He relied principally upon the insufficiency of the evidence in support of the 1st , 2nd and 3rd breaches ; and as he afterwards at the argument , gave up the objection ...
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Страница 139 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Страница 231 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Страница 511 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Страница 167 - An Act for the further Amendment of the Law and the better Advancement of Justice...
Страница 246 - If a man builds his house at the extremity of his land, he does not thereby acquire any right of easement, for support or otherwise, over the land of his neighbour. He has no right to load his own soil so as to make it require the support of that of his neighbour, unless he has some grant to that effect.
Страница 126 - ... and that it should have been left to the jury to say whether it was necessary or practicable to provide such a device at the place in question.
Страница 140 - ... shall have been in such possession or receipt, then such right shall be deemed to have first accrued at the time of such death...
Страница 274 - If anything remain to be done on the part of the seller as between him and the buyer, before the commodity purchased is to be delivered, a complete present right of property has not attached in the buyer...
Страница 513 - Majesty's Subjects, the same shall be transferred by Bill of Sale, or other Instrument in Writing, containing a Recital of the Certificate of Registry of such Ship or Vessel, or the principal Contents thereof, otherwise such Transfer shall not be valid or effectual for any Purpose whatever, either in Law or in Equity...
Страница 179 - The name of a county shall in all cases be stated in the margin of a declaration, and shall be taken to be the venue intended by the plaintiff, and no venue shall be stated in the body of the declaration, or in any subsequent pleading.