Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of Cases and Principal Matters, Volume 14

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Page 90 - The question for the opinion of the court was, whether the plaintiffs were entitled to recover back the money so paid to the defendants.
Page 58 - They are accessories necessary to the enjoyment of the principal. The owner erected them for the benefit of the inheritance." Upon this principle, he considered them as belonging to the heir, as parcel of the inheritance, for the enjoyment of which they were made, and not as belonging to the executor, as the means or instrument of carrying on a trade.
Page 256 - ... than before. But a judgment recovered in any form of action is still but a security for the original cause of action, until it be made productive in satisfaction to the party ; and therefore till then it cannot operate to change any other collateral concurrent remedy which the party may have.
Page 56 - H. 7, 13, a and b, which was the case of trespass against executors for removing a furnace fixed with mortar by their testator and annexed to the freehold, and which was holden to be wrongfully done, it is laid down, that "if a lessee for years...
Page 353 - And it is not the recovery, but the matter alleged by the party, and upon which the recovery proceeds which creates the estoppel. The recovery of itself in an action of trespass is only a bar to the future recovery of damages for the same injury : but the estoppel precludes parties and privies from contending to the contrary of that point or matter of fact, which having been once distinctly put in issue by them or by...
Page 199 - rule of law is, that where any act is " required to be done on the one part, so that the party neglecting it would be guilty " of a criminal neglect of duty in not having done it, the law presumes the affirmative, " and throws the burden of proving the contrary, that is, in such case of proving a "negative, on the other side.
Page 353 - It is not the recovery, but the matter alleged by the party, and upon which the recovery proceeds, which creates the estoppel. The recovery of itself in an action of trespass is only a bar to the future recovery of damages for the same injury ; but the estoppel precludes parties and privies from contending to the contrary of that point or matter of fact, which, having been once distinctly put in issue by them, or by those to whom they are privy in estate or law, has been, on such issue joined, solemnly...
Page 93 - If this were the case of factor and principal merely, I should find great difficulty in saying that it did. But here Fritzing may in reality be considered as the vendor. For the name of the original owner was never made known to the bankrupt. There was no privity between them ; but the goods were purchased and the bills drawn in Fritzing's own name ; and therefore he stands in the situation of vendor as to Browne.
Page 29 - ... foundation was in the ground. The defendant previous to the expiration of his lease pulled down the erections, dug up the foundations, and carried away the materials ; leaving the premises in the same state as when he entered upon them.
Page 629 - So if one take the security of the agent of the principal, with whom he dealt, unknown to the principal, and give the agent a receipt as for the money due from the principal, in consequence of which the principal deals differently with his agent on the faith of such receipt, the principal is discharged, although the security fail ; but...

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