The Law Times Reports: Containing All the Cases Argued and Determined in the House of Lords, ... ; Together with a Selection of Cases of Universal Application Decided in the Superior Courts in Ireland and in Scotland, Volume 47Law Times Office, 1883 - Law reports, digests, etc |
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Act of Parliament action affidavit alleged amount apply appointment assigned bank bankrupt bankruptcy barratry bill of lading Castle Sowerby CHAN charge Church Church of England claim clause Companies Act 1862 contract costs covenant creditors damages debt debtor deceased decision decree nisi deed defendant disclaimer entitled evidence executors fact fraud fund give ground held Hinchinbroke intended interest issue JESSEL judge judgment jurisdiction jury L. T. Rep land lease liability liquidation Lord Lord Penzance Lordships marriage matter ment mortgage notice opinion owner paid parish parties payment person petition plaintiff proceedings purchase purpose Q.B. Div Queen's Bench Division question Railway Company reason referred registrar rent respect respondents rule sect settlement shares ship Solicitors statute testator testator's thereof tion trustee ubi sup Vict wife words Wrey XLVII
Popular passages
Page 204 - ... 4. Where any loss or damage is, by reason of improper navigation of such ship as aforesaid, caused to any other ship or boat...
Page 181 - ... arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c, or any part thereof.
Page 67 - All goods being, at the commencement of the bankruptcy, in the possession, order or disposition of the bankrupt, in his trade or business, by the consent and permission of the true owner, under such circumstances that he is the reputed owner thereof...
Page 279 - The general rule of law (and it is obvious justice) is, that where there is a contract of indemnity (it matters not whether it is a marine policy, or a policy against fire on land, or any other contract of indemnity) and a loss happens, anything which reduces or diminishes that loss reduces or diminishes the amount which the indemnifier is bound to pay ; and if the indemnifier has already paid it, then, if anything which diminishes the loss comes into the hands of the person to whom he has paid it,...
Page 17 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any persons entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer, nor engaged in his work.
Page 105 - It is not the words of the law but the internal sense of it that makes the law; the letter of the law is the body; the sense and reason of the law is the soul.
Page 327 - But if it was a direct and decisive sentence upon the point, and, as it stands, to be admitted as conclusive evidence upon the Court, and not to be impeached from within ; yet, like all other acts of the highest judicial authority, it is impeachable from without : although it is not permitted to show that the Court was mistaken, it may be shown that they were misled. Fraud is an extrinsic, collateral act ; which vitiates the most solemn proceedings of Courts of Justice. Lord Coke says, it avoids...
Page 173 - Is there any public or Charity School, endow'd, or otherwise maintain'd in your Parish ? What Number of Children are taught in it ? And what Care is taken to instruct them in the Principles of the Christian Religion, according to the Doctrine of the Church of England ; and to bring them duly to Church, as the Canon requires ? IV.
Page 205 - ... that the loss must be apportioned between them, as having been occasioned by the fault of both of them.
Page 123 - Judge may, on the application of the plaintiff before trial, if in the opinion of the Court or Judge such set-off or counterclaim cannot be conveniently disposed of in the pending action, or ought not to be allowed, refuse permission to the defendant to avail himself thereof.