The Exchequer Reports: Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber ... Easter Term, 25 Vict., to [Michaelmas Term, 30 Vict.] ... Both Inclusive. [1862-1866], Volume 3; Volume 140 |
Other editions - View all
Common terms and phrases
192nd section 28 VICT action administration aforesaid agreed alleged assented assignment attorney authority Baden Baden bankrupt Bankruptcy Bankruptcy Act bill of sale bound Bramwell cause charge claim clause Colliery common law composition contained contract costs cotton Court of Exchequer covenant damage David Jones debtor debts declaration deed defendant defendant's delivered discharged duty easement entered entitled evidence EXCH executed executors grant indenture judgment jury Kingston upon Hull land learned Judge lease lessee liable licence Lord Martin ment mentioned negligence non-assenting creditors opinion packed parcels paid parties payable payment personal estate piculs Pigott plaintiff plea pleaded Pollock possession premises present promissory notes Puerto Cabello question Railway Company reason recover remainderman rent respect rule sasine seisin shew stamp duty statute Stockport survivors tenant term testator thereby thereof tion trespass trustees verdict watercourse WESTERN RAILWAY William Woodbank words writ
Popular passages
Page 593 - There must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management of the machinery use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 576 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 464 - Judge, a verdict was entered for the plaintiff, leave being reserved to the defendant to move to .enter the verdict for...
Page 621 - ... limitation, and every devolution by law of any beneficial interest in property, or the income thereof, upon the death of any person dying after the time appointed for the commencement of this act...
Page 711 - Where anything remains to be done to the goods, for the purpose of ascertaining the price, as by weighing, measuring, or testing the goods, where the price is to depend on the...
Page 111 - In the following Term a rule nisi was obtained for a new trial on the ground of...
Page 281 - perils of the sea' whether understood in its most limited sense as importing a lose by natural accidents peculiar to that element, or whether understood in its more extended sense as including inevitable accidents...
Page 965 - 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.
Page 775 - ... an action lies. If a man assault me, and I lift up my staff to defend myself, and in lifting it up hit another, an action lies by that person, and yet I did a lawful thing. And the reason of all these cases is, because he that is damaged ought to be recompensed. But otherwise it is in criminal cases, for there actus non facit reum nisi mens sit rea.
Page 556 - ... for money received by the defendant for the use of the plaintiff; and for money found to be due from the defendant to the plaintiff on accounts stated between them.