Cases Argued and Determined in the Courts of Common Pleas & Exchequer Chamber: And in the House of Lords; from Michaelmas Term, 1831, to [Trinity Term, 1834] ..

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Page 433 - That in all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the Courts, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Page 398 - By that act it is declared that "after the 1st of August, 1821, if any person shall accept a bill of exchange payable at the house of a banker or other place, without further expression in his acceptance, such acceptance shall be deemed and taken to be, to all intents and purposes, a general acceptance of such bill. But if the acceptor shall, in his acceptance, express that he accepts the bill payable at a banker's house or other place...
Page 196 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Page 447 - ... that where there shall be two or more joint contractors, or executors or administrators of any contractor, no such joint contractor, executor, or administrator shall lose the benefit of the said enactments or cither of them, so as to be chargeable in respect or by reason only of any written acknowledgment or promise made and signed by any other or others of them...
Page 270 - Here it may be laid down for a rule, that whatever words are sufficient to explain the intent of the parties, that the one shall divest himself of the possession, and the other come into it for a determinate time, such •words, whether they run in the form of a license, covenant, or agreement, are of themselves sufficient, and will, in construction of law, amount to a lease for years, as effectually as if the most proper and pertinent words had been made use of for that purpose.
Page 316 - But when a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident or inevitable necessity, because he might have provided against it by his contract.
Page 104 - Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Page 72 - ... shall be entitled to prove his demand in respect of such payment as a debt under the commission, not disturbing the former dividends, and may receive dividends with the other creditors, although he may have become surety...
Page 736 - The law therefore has wisely ordained, that the parson, quatenus parson, shall never die, any more than the king : by making him. and his successors a corporation. By which means all the original rights of the parsonage are preserved entire to the successor : for the present incumbent, and his predecessor who lived seven centuries ago, are in law one and the same person ; and what was given to the one was given to the other also.
Page 370 - Court in any civil action, or in any indictment or information for any 1832. misdemeanor, when any variance shall appear between any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record...

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