Legal Maxims, with Observations and CasesLaw Times Office, 1865 - 266페이지 |
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31개의 결과 중 6 - 10개
28 페이지
... express terms every evil to be provided against . The practice of courts of equity , and the principles governing the decisions of the judges of those courts , are apt instances of the amplification thereby of the remedies given by the ...
... express terms every evil to be provided against . The practice of courts of equity , and the principles governing the decisions of the judges of those courts , are apt instances of the amplification thereby of the remedies given by the ...
29 페이지
... judging of the quality of the goods purchased , he , in the absence of express warranty , takes them with all their defects . Where , however , he confides in the judgment of the seller , as where he orders goods suitable 29 MAXIM XV. ...
... judging of the quality of the goods purchased , he , in the absence of express warranty , takes them with all their defects . Where , however , he confides in the judgment of the seller , as where he orders goods suitable 29 MAXIM XV. ...
39 페이지
... order which he had not authority to make without consent , and there was no express consent , but the parties attended the hearing and making the order without objection , it was held , that they by their conduct must be taken to have 39.
... order which he had not authority to make without consent , and there was no express consent , but the parties attended the hearing and making the order without objection , it was held , that they by their conduct must be taken to have 39.
63 페이지
... express covenant on the part of the grantor that he was seised in fee of all the said lands , and that he had an estate in fee in all the lands intended to be thereby granted , & c .: that the general words , " all his other lands ...
... express covenant on the part of the grantor that he was seised in fee of all the said lands , and that he had an estate in fee in all the lands intended to be thereby granted , & c .: that the general words , " all his other lands ...
64 페이지
... express ; as , for instance , where the description in the parcels of the premises to be conveyed is perfect and complete in itself , the subsequent general words will be limited thereto . 2 Inst . 317 ; Plowd . Com . 106 ; Wing . Max ...
... express ; as , for instance , where the description in the parcels of the premises to be conveyed is perfect and complete in itself , the subsequent general words will be limited thereto . 2 Inst . 317 ; Plowd . Com . 106 ; Wing . Max ...
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according Act of Parliament applies assignment attornment Bing causâ Cent Clausula common law consent considered construction contract contrary court court of equity covenant creditor Crown curiæ custom damages debet debt deed defendant entitled equity error estoppel evidence Exch execution executor facit fee simple grant habet hæres heir held injury Inst instrument intention inter Jenk judex judge judgment judicial judicium jura jure jurisdiction jury King land lease lege legem legis lessee lessor liable Litt Lord Lord Coke marriage maxim Nemo Nihil nisi Noy Max owner parol parties person plaintiff pleaded Plowd possession potest presumed principle proceedings quæ quam quod reason reference remedy rent res magis right of action rule Scott N. R. seisin semper Shepp sheriff statute sunt tenant testator things unless Verba verificatione Vict videtur words writ wrong
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65 페이지 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
65 페이지 - 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.
65 페이지 - For no country ever takes notice of the revenue laws of another. " <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...
26 페이지 - Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.
50 페이지 - Male of his and their body and bodies issuing and for default of such issue to the use of all and every the Daughter and Daughters of the body of...
188 페이지 - If any pleading be so framed as to prejudice, embarrass, or delay the fair trial of the action...
130 페이지 - It is a maxim of the law of England to give effect to everything which appears to have been established for a considerable course of time, and to presume that what has been done was done of right, and not in wrong. That, practically, has caused a series of trespasses to constitute a right, so that it might be said a right has grown out of proceedings which are wrongful.
176 페이지 - Thus, a statute treating of" deans, prebendaries, parsons, vicars, and others having spiritual promotion," is held not to extend to bishops, though they have spiritual promotion, deans being the highest persons named, and bishops being of a still higher order.
7 페이지 - that where any tenant for life shall happen to die before or on the day on which any rent was reserved or made payable, upon any demise or lease of any lands, tenements or hereditaments which...
114 페이지 - ... shall mean the person who last acquired the land otherwise than by descent, or than by any escheat, partition, or inclosure, by the effect of which the land shall have become part of or descendible in the same manner as other land acquired by descent; and the word