The Revised Reports: Being a Republication of Such Cases in the English Courts of Common Law and Equity, from the Year 1785, as are Still of Practical Utility. 1785-1866, Volume 138Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead Sweet & Maxwell, limited, 1913 - Law reports, digests, etc |
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32 Beav 9 Jur agreement alleged annuities appellant appellant's applied appointed bill Bishop bye-law Cape Town carrier charge CHELMS claim common law condition construction contended costs Court of Exchequer daughter death debts decease declared decree deed defendant effect entitled evidence executed executors fact fund gift give given granted held Hugh Massy insolvency insured intention interest issue John Sadleir Judge judgment jury L. J. Ch land lease letter letters patent liability LORD CHANCELLOR LORD CHELMSFORD Lord Clive Lord CRANWORTH Lord KINGSDOWN LORDS JUSTICES Lordships marriage matter meaning ment Messrs mortgage nieces notice opinion paid parties patent payment personal estate petition petitioner plaintiff plea possession proceedings provisions purchase purpose Queen's question Railway Company real estate reasonable rents residue respect respondents Rolls Court rule solicitor special contract statute survivor tenant testator's thereof tion trust Tyrrell Vict words
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Page 260 - The true reason of the remedy; and then the office of all the Judges is always to make such construction as shall suppress the mischief, and advance the remedy...
Page 271 - Every such company as aforesaid shall be liable for the loss of or for any injury done to any horses, cattle, or other animals, or to any articles, goods, or things, in the receiving, forwarding, or delivering thereof, occasioned by the neglect or default of such company or its servants, notwithstanding any notice, condition, or declaration made and given by such company contrary thereto, or in anywise limiting such liability ; every such notice, condition, or declaration being hereby declared to...
Page 150 - Second. That place shall be considered and held to be the residence of a person in •which his habitation is fixed, without any present intention of removing therefrom, and to which, whenever he is absent, he has the intention of returning.
Page 511 - ... and to treat it as having been done by his direction. But this doctrine must be taken with the qualification, that the act of ratification must take place at a time and under circumstances when the ratifying party might himself have lawfully done the act which he ratifies.
Page 677 - The testator also gave, devised and bequeathed all the rest and residue of his estate and effects, of what nature or kind soever...
Page 375 - In case the Court shall be satisfied on the evidence that the case of the petitioner has been proved, and shall not find that the petitioner has been in any manner accessory to or conniving at the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with either of the respondents, then the Court shall pronounce a decree declaring such marriage to be dissolved...
Page 260 - And it was resolved by [the Barons of the Exchequer], that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered: — 1st. What was the common law before the making of the Act. 2nd. What was the mischief and defect for which the common law did not provide. 3rd. What remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth. And, 4th. The...
Page 89 - Service according to the Rites and Ceremonies of the United Church of England and Ireland...
Page 309 - Declaration being hereby declared to be null and void: Provided always, that nothing herein contained shall be construed to prevent the said Companies from making such Conditions with respect to the receiving, forwarding, and delivering of any of the said Animals, Articles, Goods, or Things, as shall be adjudged by the Court or Judge before whom any Question relating thereto shall be tried to be just and reasonable...
Page 309 - Provided also, that no special contract between such company and any other parties respecting the receiving, forwarding, or delivering of any animals, articles, goods, or things as aforesaid shall be binding upon or affect any such party unless the same be signed by him or by the person delivering such animals, articles, goods, or things respectively for carriage...