Reports of Cases Adjudged in the Court of King's Bench:: From Hilary Term, the 14th of George III. 1774, to Trinity Term, the 18th of George III. 1778. Both Inclusive, 1±ÇA. Strahan, law-printer to the King's Most Excellent Majesty, 1800 - 473ÆäÀÌÁö |
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1 ÆäÀÌÁö
... defendant fhould not be difcharged out of the execution of meine cuftody of the Warden of the Fleet ; upon the ground of his procefs , having been illegally arrefted ; that is , " that the Officer broke may break into the apartment of ...
... defendant fhould not be difcharged out of the execution of meine cuftody of the Warden of the Fleet ; upon the ground of his procefs , having been illegally arrefted ; that is , " that the Officer broke may break into the apartment of ...
3 ÆäÀÌÁö
... defendant , it does not fol- low that the arreft is illegal . Upon the whole therefore the defendant ought not to be discharged out of cuftody . An affidavit of Lee was offered to be read . Objected ; that he stood convicted of perjury ...
... defendant , it does not fol- low that the arreft is illegal . Upon the whole therefore the defendant ought not to be discharged out of cuftody . An affidavit of Lee was offered to be read . Objected ; that he stood convicted of perjury ...
11 ÆäÀÌÁö
... defendant is guilty : therefore there is no verdict , and confequently there can be no judgment . - Refp . In fubftance , the defendant is found guilty : for it is im- plied , in saying , " that the plaintiff fhall recover the pre ...
... defendant is guilty : therefore there is no verdict , and confequently there can be no judgment . - Refp . In fubftance , the defendant is found guilty : for it is im- plied , in saying , " that the plaintiff fhall recover the pre ...
13 ÆäÀÌÁö
... defendant was elected fore exempt conftable ; but was not prefent nor was fworn ; and that the ing the of defendant afterwards was fummoned to appear before a juftice of peace to take the oath of office , but he had refufed to be fworn ...
... defendant was elected fore exempt conftable ; but was not prefent nor was fworn ; and that the ing the of defendant afterwards was fummoned to appear before a juftice of peace to take the oath of office , but he had refufed to be fworn ...
14 ÆäÀÌÁö
... defendant at a court leet holden , & c . for the hundred , was elected constable of the hundred , but not being prefent , the fteward made his certificate , & c . c . prout the indictment . ' The question , for the opinion of the court ...
... defendant at a court leet holden , & c . for the hundred , was elected constable of the hundred , but not being prefent , the fteward made his certificate , & c . c . prout the indictment . ' The question , for the opinion of the court ...
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2dly act of parliament action affigned aforefaid againſt alfo anſwer arife arreft bankrupt barratry becauſe cafe caſe cauſe charter circumftances cited cofts common common recovery confequence confideration conftruction court court of equity debt declaration deed defendant delivered devife deviſe diftinction diſcharged entitled eſtate execution executor faid fale fame fecond fect fettled fhall fhew caufe fhould fince firft fome ftat ftated ftatute fubfequent fubject fuch fufficient fuppofing fupport heir at law himſelf houfe houſe iffue impriſonment indictment infifted infured intention intereft itſelf judgment Juftice jurifdiction jury laft lands leffor Lord Mansfield mafter mayor Minorca muſt neceffary objection opinion pafs party perfon plaintiff plaintiff in error plea poffeffion prefent cafe prefume premiſes purchaſe purpoſe queftion qui tam reafon refpect REX verfus rule ſaid ſhall ſpecial ſtated ſuch teftator teftator's tenant thefe theſe thofe thoſe tion trial uſe verdict wife words
Àαâ Àο뱸
337 ÆäÀÌÁö - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this: Ex dolo malo non oritur actio.
337 ÆäÀÌÁö - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
284 ÆäÀÌÁö - Where a man is under a moral obligation, which no court of law or equity can enforce, and promises, the honesty and rectitude of the thing is a consideration.
203 ÆäÀÌÁö - I say the King, I always mean the King without the concurrence of Parliament,) has a power to alter the old and to introduce new laws in a conquered country, this legislation being subordinate, that is, subordinate to his own authority in Parliament, he cannot make any new change contrary to fundamental principles...
59 ÆäÀÌÁö - It Is certainly a maxim that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other to have contradicted.
225 ÆäÀÌÁö - I should be sorry to say, that in cases of personal torts, no new trial should ever be granted for damages, which manifestly show the jury to have been actuated by passion, partiality, or prejudice. But it is not to be done without very strong grounds indeed; and such as carry internal evidence of intemperance in the minds of the jury.
203 ÆäÀÌÁö - An Englishman in Ireland, Minorca, the Isle of Man, or the Plantations, has no privilege distinct from the natives. The 5th, That the laws of a conquered country continue in force until they are altered by the conqueror: the absurd exception as to Pagans, mentioned in Calvin's Case, shows the universality and antiquity of the maxim.
203 ÆäÀÌÁö - Islands: nay, it would have been carrying the capitulation into execution, which gave the people of Grenada hopes, that if any new tax was laid on, their case would be the same with their fellow subjects in the other Leeward Islands.
370 ÆäÀÌÁö - So far as the tort itself goes, an executor shall not be liable ; and therefore it is, that all public and all private crimes die with the offender, and the executor is not chargeable ; but so far as the act of the offender is beneficial, his assets ought to be answerable ; and his executor therefore shall be charged.
173 ÆäÀÌÁö - But can it be doubted, that actions may be maintained here, not only upon contracts, which follow the persons, but for injuries done by subject to subject ; especially for injuries where the whole that i> prayed is a reparation in damages, or satisfaction to be made by process against the person or his effects within the jurisdiction of the Court?