The Reports of that Reverend and Learned Judge, Sir Henry Hobart, Knight and Baronet, Lord Chief Justice of His Majesty's Court of Common Pleas ...

Hilliard, Gray, Little, and Wilkins, 1829 - 639 σελίδες

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Σελίδα iv - Charts and Books, to the Authors and Proprietors of such Copies during the times therein mentioned ; and also to an Act entitled, " An Act supplementary to an Act, entitled, An Act for the Encouragement of Learning, by securing the Copies of Maps, Charts and Books, to the Authors and Proprietors of such •Copies during the times therein mentioned...
Σελίδα 166 - But a judgment recovered in any form of action is still but a security for the original cause of action, until it be made productive in satisfaction to the party ; and therefore till then it cannot operate to change any other collateral concurrent remedy which the party may have.
Σελίδα 248 - Now, journals are no records, but remembrances for forms of proceedings to the record ; they are not of necessity, neither have they always been. They are like the dockets of the pronotaries, or the particular to the king's patents.
Σελίδα 499 - ... the will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed, so that they to whom the land was given under such condition shall have no power to...
Σελίδα 22 - Prescott v. Trueman, 4 Mass. 629 (3 Am. Dec. 246), it is said: On these principles we are of opinion that every right to, or interest in, the land granted, to the diminution of the value of the land, but consistent with the passing of the fee of it by the conveyance, must be deemed in law an incumbrance.
Σελίδα 285 - And though the lessor had it not actually in him, nor certain, yet he had it potentially, for the land is the mother and root of all fruits. Therefore he that hath it may grant all fruits that may arise upon it after, and the property shall pass as soon as the fruits are extant.
Σελίδα 11 - ... the plaintiff cannot there, by way of innuendo, say, meaning ' his barn/wW of corn,'—Barhams case (a); because that is not an explanation of what was said before, but an addition to it. But if, in. the introduction, it had been averred, that the defendant had a barn full of corn...
Σελίδα 355 - The first question in this case was, whether the action of debt would lie, because there was no contract between the plaintiff and the sheriff. But that was resolved by THE COURT that it would lie; for though there were no actual contract, yet there was a kind of contract in law, so it is ex quasi contractu.
Σελίδα 288 - ... no man shall be excused of a trespass (for this is the nature of an excuse, and not of a justification, prout ei bene licuit\ except it may be judged utterly without his fault; as if a man by force take my hand and strike you; or if here the defendant had said that the plaintiff ran across his piece when it was discharging; or had set forth the case with the circumstances, so as it had appeared to the court that it had been inevitable, and that the defendant had committed no negligence to give...
Σελίδα 387 - Askwith (Hobart, 234), which is in these words: "it is generally true, that the lessee hath no power to change the nature of the thing demised ; he cannot turn meadow into arable, nor stub a wood to make it pasture, nor dry up an...

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