The Law Magazine: Or, Quarterly Review of Jurisprudence, Volumen18Saunders and Benning, 1837 |
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Página 2
... issue , the Court of King's Bench held that they had no power to direct such an amend- ment . Thus it is that litigation is rendered necessary in cases where it would be better that the necessity should have no law ; or rights are lost ...
... issue , the Court of King's Bench held that they had no power to direct such an amend- ment . Thus it is that litigation is rendered necessary in cases where it would be better that the necessity should have no law ; or rights are lost ...
Página 19
... issues therefore unknown to all the world except the creditor who takes it out , and who , be his motive what it may , has a right to take it out against the whole Royal Exchange , without question or qualification ; and whether the ...
... issues therefore unknown to all the world except the creditor who takes it out , and who , be his motive what it may , has a right to take it out against the whole Royal Exchange , without question or qualification ; and whether the ...
Página 140
... issue in certain forms of action , admits a large portion of the plaintiff's case . Set - off , pleaded to an assumpsit , admits the promise made . The form of con- fessing and avoiding , by its very name acknowledges the dis- tinction ...
... issue in certain forms of action , admits a large portion of the plaintiff's case . Set - off , pleaded to an assumpsit , admits the promise made . The form of con- fessing and avoiding , by its very name acknowledges the dis- tinction ...
Página 142
... issue by the bill . " On referring to the cases which he has quoted in this place , we find his meaning to be , that he dissents from the principle which has been adopted in those cases , in which relief of one kind having been prayed ...
... issue by the bill . " On referring to the cases which he has quoted in this place , we find his meaning to be , that he dissents from the principle which has been adopted in those cases , in which relief of one kind having been prayed ...
Página 143
... issue ought not to be granted except at the request of the defendant . " If the defendant is de- sirous to have an issue , " he says , in the case just quoted , " I would rather say nothing more than that he shall have that issue . The ...
... issue ought not to be granted except at the request of the defendant . " If the defendant is de- sirous to have an issue , " he says , in the case just quoted , " I would rather say nothing more than that he shall have that issue . The ...
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action affidavit afterwards amend annuity answer appear applied appointed assignees attorney bankrupt bankruptcy bill Bing bottomry cause charge claim clerk Commissioners common law consideration contract conveyance costs Court of Chancery Court of Equity creditor death debt decease declaration decree deed defendant demurrer devised directed discharge effect entitled evidence executor felony feoffee fiat heirs Held House insolvency interest Interpleader issue judges judgment jurisdiction jury justice Keen lands lease leasehold estates legacy Lord Chancellor Lord Eldon Lord Ellenborough Lord Kenyon marriage Master ment notice paid parish Parliament party payment personal estate petition plaintiff plea Pleading port principle privilege proceedings prosecution punishment question real estate received refused rents respect Romagnosi rule S. C. 1 Dea settlement ship statute sufficient suit testator thereof tion tithes trial trust vessel voyage Whitelocke wife witness
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Página 304 - Part thereof; and in case of any Loss or Misfortune, it shall be lawful to the Assured, their Factors, Servants, and Assigns, to sue, labour, and travel for, in and about the Defence, Safeguard and Recovery of the said Goods and Merchandises and Ship, Ac., or any Part thereof, without Prejudice to this Insurance; to the Charges whereof we, the Assurers, will contribute, each one according to the Rate and Quantity of his sum herein assured.
Página 304 - God, for this present voyage, or whosoever else shall go for master in the said ship, or by whatsoever other name or names the said ship, or the master thereof, is or shall be named or called...
Página 304 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Página 304 - Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage: they are...
Página 43 - Of law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world ; all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...
Página 276 - Certainly," says Whitlocke,** with his usual candor, "never any man acted such a part, on such a theatre, with more wisdom, constancy, and eloquence, with greater reason, judgment, and temper, and with a better grace in all his words and actions, than did this great and excellent person; and he moved the hearts of all his auditors, some few excepted, to remorse and pity.
Página 304 - ... all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchanidses, and ship, etc., or any part thereof.
Página 141 - At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death; but at the mouth of one witness he shall not be put to death.
Página 304 - And it is agreed by us the insurers that this writing or policy of assurance shall be of as much force and effect as the surest writing or policy of assurance heretofore made in Lombard Street or in the Royal Exchange or elsewhere in London. And so we the assurers are contented, and do hereby promise and bind ourselves each one for his own part, our heirs, executors, and goods to the assured, their executors, administrators, and assigns for the true performance of the premises...
Página 305 - Exchange or elsewhere in London. And so we the assurers are contented, and do hereby promise and bind ourselves each one for his own part, our heirs, executors, and goods to the assured, their executors, administrators, and assigns for the true performance of the premises, confessing ourselves paid the consideration due unto us for this assurance by the assured...