Reports of Adjudged Cases in the Court of Common Pleas. During the Time Lord Chief Justice Willes Presided in that Court [1737-1758]: Together with Some Few Cases of the Same Period Determined in the House of Lords, Court of Chancery, and Exchequer Chamber
P. Byrne, no. 72, Chestnut Street, 1800 - 699 σελίδες
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2dly act of parliament action admitted aforesaid afterwards appear arrest assigns award bankrupt bond Brother cafe cause cited common common law common recovery considered contrary Court court of equity covenant damages death debt declaration deed defendant defendant's demise demurrer determined detinue devise devisor distrained Dormer estate-tail execution executor fame fendant feoffment freehold give given granted hath heirs held holden insisted intent issue John Judges judgment jurisdiction jury King's Bench King's Serjt laid lands lease lessor letters patent likewise Lord Chief Justice Lord Coke manor ment mentioned messuage objection opinion parish party person plain plainly plaintiff plea pleaded premises present question reason recovery remainder rent replevin replication rule seised sheriff shew stat statute sufficient taken tenant term thereof thing Thomas tion trespass trover void wife words writ of error
Σελίδα 324 - It is said in our books, that the construction of deeds ought to be favourable, and as near to the apparent intent of the parties as possibly may be, and as the law will permit. That too much regard is not to be had to the natural and proper signification of words and sentences, to prevent the simple intention of the parties from taking effect ; for that the law is not nice in grants ; and therefore it doth often transpose words contrary to their order, to bring them to the intent of the parties...
Σελίδα 564 - That if any person or persons at any time hereafter bargain or sell any Office or Offices or deputation of any Office or Offices, or any part or parcel of any of them, or receive, have, or take any money, fee, reward, or any other profit, directly or indirectly, or take any promise, agreement, covenant, bond, or any assurance to receive or have any money, fee, reward, or other profit directly or indirectly for any Office or Offices or for the deputation of any Office or Offices, or any part...
Σελίδα 46 - The reason given for this opinion in the books why they are not distrainable is that a man can have no valuable property in them. But the rule is plainly too general, for the rule in Co. Lit. is extended to dogs, yet it is clear now that a man may have a valuable property in a dog.
Σελίδα 324 - I admit that though the intent of the parties be never so clear, it cannot take place contrary to the rules of law, nor can we put words in a deed which are not there, nor put a construction on the words of a deed directly contrary to the plain sense "of them.
Σελίδα 573 - ... before per quod consortium amisit is as much the gist of the action as the other ; for though it should be laid that the plaintiff lost the comfort and assistance of his wife, yet if the fact that is laid by which he lost it be a lawful act, no action can be maintained. By injuria is meant a tortious act ; it need not be wilful and malicious ; for though it be accidental, if it be tortious, an action will lie.
Σελίδα 387 - ... and also every such note payable to any person or persons, body politic and corporate, his, her, or their order, shall be assignable or indorsable over, in the same manner as inland bills of exchange are or may be, according to the custom of merchants...
Σελίδα 421 - ... for all defendants in replevin to avow or make cognizance generally, that the plaintiff in replevin, or other tenant of the lands...
Σελίδα 506 - Things delivered to a person exercising a public trade, to be carried, wrought, worked up, or managed in the way of his trade or employ.
Σελίδα 389 - When the words of an act are doubtful and uncertain, it is proper to inquire what was the intent of the legislature. But it is very dangerous for judges to launch out too far in searching into the intent of the legislature, when they have expressed themselves in plain and clear words.