Term Reports in the Court of King's Bench, Հատոր 1J. Butterworth and Son, 1817 |
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Common terms and phrases
2dly act of parliament action aforesaid afterwards appears apply ASHHURST assigns assumpsit averred bankrupt barratry bill of lading bond Bracebridge BULLER Burr captain cargo charge charter cited considered contended contrà contract Court court-martial covenant debt declaration defendant defendant's delivered demise discharged Edward Trelawney entitled error Eustatia evidence execution executors fact Fairbrother fendant given granted ground heirs husband indenture indorser insured intention issue John judgment jury justices King land lease lessor liable Lord Mansfield loss Ludford mandamus marriage master ment necessary nonsuit notice objection Old Alresford opinion owners paid parish parties pauper payment person plaintiff plaintiff in error plea pleaded premises present proved question quo warranto received recover rent rule scire facias Sessions settlement shewed cause ship statute taken tenant tenement term testator thereof Thomas Thompson tion trial verdict voyage warrant words Wrangaton writ
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Էջ 52 - We are bound," said Justice Buller in an early case in the King's Bench, " to take the act of Parliament as they have made it: a casus omissus can in no case be supplied by a court of law, for that would be to make laws...
Էջ 33 - But there is a further degree of responsibility by the custom of the realm, that is, by the common law; a carrier is in the nature of an insurer. It is laid down that he is liable for every accident, except by the act of God, or the king's enemies.
Էջ 168 - What is reasonable notice is partly a question of fact, and partly a question of law. It may depend in some measure on facts ; such as the distance at which the parties live from each other, the course of the post, &c.
Էջ 547 - From the want of probable cause, malice may be, and most commonly is, implied. The knowledge of the defendant is also implied.
Էջ 270 - The jury found a verdict for the plaintiffs. Bower moved for a rule to shew cause why there should not be a new trial on the ground that the...
Էջ 29 - The law charges this person thus intrusted to carry goods, against all events but acts of God, and of the enemies of the king. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable. And this is a politic establishment, contrived by the policy of the law, for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Էջ 287 - But where money is paid under a mistake, which there was no ground to claim in conscience, the party may recover it back again by this kind of action.
Էջ 33 - But to prevent litigation, collusion, and the necessity of going into circumstances impossible to be unravelled, the law presumes against the carrier, unless he shows it was done by the King's enemies or by such act as could not happen by the intervention of man, as storms, lightning, and tempests.
Էջ 162 - If there be a lease for a year, and by consent of both parties the tenant continue in possession afterwards, the law implies a tacit renovation of the contract. They are supposed to have renewed the old agreement, which was to hold for a year.
Էջ 408 - Dougi. 497. that it had been frequently ruled by Lord Mansfield at Guildhall, that it is not an excuse for not demanding payment on a note or bill, or for not giving notice of nonpayment, that the maker or acceptor has become a bankrupt, as many ways may remain of obtaining payment by the assistance of friends or otherwise.