Reports of Cases Argued and Determined in the Court of Queen's Bench: And Upon Writs of Error from that Court to the Exchequer Chamber, in Michaelmas and Hilary Terms, in the Second Year of Victoria [1838-Hilary Term, 1841].

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Sida 16 - Saund. 228, n. (1), it is said, that, " where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet, if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or...
Sida 218 - Chancellor in matters of lunacy, whereby any sum of money, or any costs, charges, or expenses shall be payable to any person, shall have the effect of judgments in the superior Courts of common law...
Sida 80 - It is a rule of law, that when the ancestor, by any gift or conveyance, takes an estate of freehold ; and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases, the heirs are words of limitation of the estate, and not words of purchase.
Sida 450 - Cur. adv. vult. Lord DENMAN CJ now delivered the judgment of the Court. — In this case, which was...
Sida 778 - ... the rent at which the same might reasonably be expected to let from year to year, free of all usual tenants' rates and taxes, and tithe commutation rent-charge, if any, and deducting therefrom the probable average annual cost of the repairs, insurance and other expenses, if any, necessary to maintain them in a state to command such rent...
Sida 494 - ... where it so happens that the fabric of the church stands in need of repair, the only question upon which the parishioners, when convened together to make a rate, can by law deliberate and determine, is, not whether they will repair the church or not, (for upon that point they are concluded by the law,) but how and in what manner the common law obligation so binding them may be best and most effectually, and at the same time most conveniently and fairly between themselves, performed and carried...
Sida 676 - ... ordinary care must mean that degree of care which may reasonably be expected from a person in the plaintiff's situation : and this would evidently be very small indeed in so young a child.
Sida 663 - ... my monsters, both wet and dry; making the said Charles whole and sole executor of this my last will and testament; he paying, or causing to be paid, the aforesaid legacies within the space of six months after my decease. And I do hereby revoke all other wills whatsoever by me formerly made.
Sida 205 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Sida 231 - ... of parliament, shall be commenced and sued within the time and limitation herein-after expressed, and not after; that is to say, the said actions of debt for rent upon an indenture of demise, or covenant or debt upon any bond or other specialty...

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