Reports of Cases Argued and Adjudged in the Courts of King's Bench and Common Pleas: In the Reigns of the Late King William, Queen Anne, King George the First, and King George the Second. [1694-1732], 2권E. Lynch, 1792 |
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abatement act of parliament action adjudged affigned affumpfit aforefaid againſt alfo allocatur anfwer appear arreft averred award B. R. Rot becauſe bond brought cafe caufe cauſe certiorari cited cofts comitatu common law common pleas confequently confideration counfel court cuftom curiam damages debt declaration demurrer devife difcharged eftate Eliz executor fame fecond feffions feifed feire facias fendant ferjeant feveral fhall fheriff fhew fhip fhould fince firft fome fpecial ftatute fuch fued fufficient fuit granted heirs held himſelf Holt chief juftice houfe houſe iffue indictment infifted Intr judges judgment was given jurifdiction jury king's bench laft latitat lord matter ment muft muſt party perfon plaintiff plaintiff in error poft Powell juftice Powys praedicti prifoner promife quafhed quod reafon REGINA releaſe replevin S. C. Salk ſhall tenant thefe theſe tiel tion trefpafs uſe verdict verf Vide words writ of error
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1112 페이지 - And if that magazine and munition, " bought with his own money, were ever his, when " and how that property went out of him ? He very " well knew the great and unlimited power of a " parliament ; but he knew as well, that it was only
912 페이지 - That case they say differs, because the bailor did not trust the bailee with them. But I cannot see the reason of that difference, nor why the bailee should not be charged with goods in a chest, as well as with goods out of a chest. For the bailee has as little power over them, when they are out of a chest, as to any benefit he might have by them, as when they are in a chest; and he has as great power to defend them in one case as in the other.
1493 페이지 - It has been adjudged that if two men fall out in the morning, and meet and fight in the afternoon, and one of them is slain, this is murder, for there was time to allay the heat, and their meeting was of malice.
1109 페이지 - Justices should in anywise determine the privilege of this high court of parliament ; for it is so high and so mighty in its nature, that it may make law ; and that that is law, it may make no law ; and the determination and knowledge of that privilege belongeth to the Lords of the parliament and not to the Justices.
951 페이지 - If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it, and a remedy if he is injured in the exercise or enjoyment of it; and indeed it is a vain thing to imagine a right without a remedy; for want of right and want of remedy are reciprocal.
950 페이지 - It is agreeable to reason and the rules of law, that a franchise should be vested in the corporation aggregate, and yet the benefit of it to redound to the particular members, and to be enjoyed by them in their private capacity. Where the privilege of election is used by particular persons, it is a particular right, vested in every particular man.
1521 페이지 - ... and shall be thereof convicted, either upon action or actions of forger of false deeds, to be founded upon this statute, at the suit of the party grieved, or otherwise, according to the order and due course of the laws of this realm, or upon bill or information to be exhibited into the court of the star chamber, according to the order and use of that court, shall pay unto the...
917 페이지 - The reasons are, first, because in such a case a neglect is a deceit to the bailor. For when he intrusts the bailee upon his undertaking to be careful, he has put a fraud upon the plaintiff by being negligent, his pretence of care being the persuasion that induced the plaintiff to trust him. And a breach of a trust undertaken voluntarily will be a good ground for an action.
916 페이지 - The same law of a factor. As to the sixth sort of bailment, it is to be taken, that the bailee is to have no reward for his pains, but yet that by his ill management the goods are spoiled. Secondly, it is to be understood, that there was a neglect in the management. But thirdly, if it had appeared that the mischief happened by any person that met the cart in the way, the bailee had not been chargeable. As if a drunken man had come by in the...
1346 페이지 - This Court will relieve him, if he has been proceeded against and degraded, without being heard, which is contrary to natural justice. This case therefore will fall under the rules for the removing of members of corporations, which cannot be done without summoning the party, and giving him an opportunity of being heard.