English Reports Annotated, 1866-1900, Volume 2, Part 1Maxwell Alexander Robertson Reports and Digest Syndicate, 1866 - Law reports, digests, etc |
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Page 1526
... learned Lords in delivering their opinions . Of course , we are bound by the ratio decidendi in that case . It is to be collected principally from the judgments of Lord Cranworth and Lord Wensleydale , with whose opinions , however ...
... learned Lords in delivering their opinions . Of course , we are bound by the ratio decidendi in that case . It is to be collected principally from the judgments of Lord Cranworth and Lord Wensleydale , with whose opinions , however ...
Page 1536
... learned Judge at the trial , and by Cockburn , C.J. in the former of these cases . With respect to the six horses , there was not a particle of evidence of a contract , of the time of starting , or of any delay : it is the clear ...
... learned Judge at the trial , and by Cockburn , C.J. in the former of these cases . With respect to the six horses , there was not a particle of evidence of a contract , of the time of starting , or of any delay : it is the clear ...
Page 1555
... learned Judge as a rule that the difference between the value of the leases was the measure of damages , but that this was used merely as a way of working out the true rule laid down to them , that the plaintiff was to be indemnified ...
... learned Judge as a rule that the difference between the value of the leases was the measure of damages , but that this was used merely as a way of working out the true rule laid down to them , that the plaintiff was to be indemnified ...
Page 1573
... learned Judge proceeded as follows : A rule having been granted , cause was shewn last term , and , after hearing the arguments and considering the case , we think the rule should be made absolute to enter the verdict for 2741. 78. That ...
... learned Judge proceeded as follows : A rule having been granted , cause was shewn last term , and , after hearing the arguments and considering the case , we think the rule should be made absolute to enter the verdict for 2741. 78. That ...
Page 1588
... learned Judge overruled these objections ; and the defendants called . M'Carter ( the real plaintiff ) as a witness . M'Carter , like the nominal plaintiff , gave evidence to the same effect as in the former cause of Joyce v . Swann1 ...
... learned Judge overruled these objections ; and the defendants called . M'Carter ( the real plaintiff ) as a witness . M'Carter , like the nominal plaintiff , gave evidence to the same effect as in the former cause of Joyce v . Swann1 ...
Common terms and phrases
according action agreed agreement alleged allowed amount appears applied authority Bankruptcy bill bound Brother brought called cargo carried cause charge circumstances claim clause common condition considered construction contained contract costs Court creditors damages debt debtor decided decision deed defendant delivered direction discharged doubt duty effect entered entitled evidence Exch execution fact further give given grant ground held intended interest Judge judgment jury Justice land learned liable London Lord loss matter means mentioned necessary notice objection obtained opinion owner paid parcels parties passed patent payment person plaintiff plea pleaded possession present proved question railway Railway Company reason received recover referred respect rule shew ship side statute taken thing trial trustees verdict Vict whole
Popular passages
Page 2144 - ... surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Page 1981 - Executors nothing doubting but at the general Resurrection I shall receive the same again by the mighty power of God and as touching such worldly estate wherewith it hath pleased God to bless me...
Page 2042 - A rule having been obtained calling on the plaintiff to shew cause why the verdict should not be set aside, and a new trial had...
Page 1732 - In witness whereof the Master or Purser of the said Ship hath affirmed to three Bills of Lading, all of this Tenor and Date, One of which three Bills being Accomplished, the other two to stand Void. And so GOD send the good Ship to her desired Port in safety, Amen.
Page 1719 - The principle seems to us to be that, in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall excuse the performance.
Page 1846 - Act; and the company shall make to the owners and occupiers of and all other parties interested in any lands taken or used for the purposes of the railway, or injuriously affected by the construction thereof, full compensation for the value of the lands so taken or used, and for all damage sustained by such owners, occupiers, and other parties, by reason of the exercise, as regards such lands, of the powers by this or the special act, or any act incorporated therewith, vested in the company...
Page 1558 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 2144 - Upon any kind of goods and merchandises, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture, of and in the good ship or vessel...
Page 2141 - ... or such part thereof respectively as he shall think fit shall stand charged with the payment of the amount for which judgment shall have been so recovered and interest thereon; and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to if such charge had been made in his favour by the judgment debtor.
Page 1631 - ... was caused without any default on his part, and wholly by the fraud of the shipper or of the holder, or some person under whom the holder claims.