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, 1권
A. Strahan, law-printer to the King's Most Excellent Majesty, 1800 - 473페이지
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action admitted afterwards againſt alſo anſwer appear apply arreſt authority bankrupt becauſe body brought caſe cauſe charged charter circumſtances cited clear clearly common conſequence contract corporation coſts court death debt deed defendant delivered deviſe directed diſcharged doubt elected England entitled eſtate evidence execution fact firſt follows give given grant ground heirs held himſelf houſe intention iſſue John judges judgment jury Juſtice king laid lands laſt letters limitation Lord Mansfield maſter mayor mean mentioned muſt namely nature never objection opinion paid particular party perſon plaintiff plea premiſes preſent Quaker queſtion reaſon received remainder reſpect rule ſaid ſame ſay ſecond ſet ſhall ſhe ſhew ſhould ſon ſtated ſtatute ſubject ſuch ſufficient taken term theſe thing thoſe tion trial uſe verdict verfus verſus whole wife
337 페이지 - 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.
284 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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?