Reports of Cases Heard and Decided in the House of Lords on Appeals and Writs of Error: During the Sessions 1831[-1846], Volume 10Little, Brown, 1874 - Law reports, digests, etc |
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Common terms and phrases
alleged appears appellants argument Attorney-General authority bill canon law child church claimant clause considered Court of Chancery Court of Exchequer death decision declared decree deed defendant in error died domicile doubt Ecclesiastical entitled evidence execution executors father George guardians handwriting heir held House infant intention Ireland James Mangles judgment Judith Ann Platt jurisdiction Justice last half-year's rent learned friend learned Judges lease legacy duty LORD BROUGHAM LORD CAMPBELL Lord Chancellor Lord COTTENHAM Lordships Marquis Townshend marriage married matter ment noble and learned opinion parties payable payment personal estate petition plaintiff in error power of appointment present priest probate duty question Ralph referred remainder-man resident respect scire facias Scotch Scotland sealed signed solemnized statute tenant term testator testator's tion Townshend Tracy Troutbeck trustees tutors and curators valid verba de præsenti Wakeford Wapping ward wife word witness yearly rent
Popular passages
Page 809 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 279 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent...
Page 181 - If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable; and the usual course therefore has been to leave the question to the jury, whether the party accused had a sufficient degree of reason to know that he was doing an act that was wrong; and this course we think is correct, accompanied with such observations and explanations as the circumstances of each particular case may require.
Page 320 - ... signed, sealed, and published in the presence of and attested by three or more credible witnesses...
Page 183 - ... involves the determination of the truth of the facts deposed to, which it is for the jury to decide ; and the questions are not mere questions upon a matter of science, in which case such evidence is admissible. But where the facts are admitted, or not disputed, and the question becomes substantially one of science only, it may be convenient to allow the question to be put in that general form, though the same cannot be insisted on as a matter of right.
Page 176 - To which question the answer must, of course, depend on the nature of the delusion: but, making the same assumption as we did before, namely, that he labours under such partial delusion only, and is not in other respects insane, we think he must be considered in the same situation as to responsibility...
Page 293 - Testament, in witness whereof I, the said Maurice Baum Senr, have to this my last Will and Testament Set my hand and Seal the Day and Year above written.
Page 181 - What are the proper questions to be submitted to the jury when a person alleged to be afflicted with insane delusion respecting one or more particular subjects or persons is charged with the commission of a crime (murder for example), and insanity is set up as a defence? 3. In what terms ought the question to be left to the jury as to the prisoner's state of mind at the time when the act was committed?
Page 323 - ... shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by deed or by any instrument in writing not testamentary, notwithstanding it shall have been expressly required that a deed or instrument in writing made in exercise of such power should be executed or attested with some additional or other form of execution or attestation or solemnity...
Page 351 - That from henceforth any estate pur outer vie shall be devisable by a will in writing, signed by the party so devising the same, or by some other person in his presence and by his express directions, attested and subscribed in the presence of the devisor by three or more witnesses...