Reports of Cases Argued and Determined in the Courts of Common Pleas and Exchequer Chamber: With Tables of the Names of the Cases and the Principal Matters, Volume 8

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Page 407 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Page 477 - ... if he shall have paid the debt, or any part thereof in discharge of the whole debt...
Page 290 - AB, as for his costs and charges by him about his suit in that behalf expended...
Page 189 - That all Actions of Trespass, Quare clausum fregit, all Actions of Trespass, Detinue, Action sur Trover, and Replevin for taking away of Goods and Cattle, all Actions of Account, and upon the Case, other than such Accounts as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants, all Actions of Debt grounded upon any Lending or Contract without Specialty...
Page 420 - Term, obtained a rule, calling on the plaintiff to shew cause why the defendant should not be at liberty to enter a suggestion on the roll, under the statute 22 Geo.
Page 557 - Where the whole matter passes in parol, all that passes may sometimes be taken together as forming parcel of the contract, though not always, because matter talked of at the commencement of a bargain may be excluded by the language used at its termination. But if the contract be in the end reduced into writing, nothing which is not found in the writing can be considered as a part of the contract.
Page 234 - Court, to plead as many several matters thereto as he shall think necessary for his defence (z) ; provided nevertheless that if any such matter shall, upon a demurrer joined, be judged insufficient, costs shall be given at the discretion of the Court ; or if a verdict shall be found upon any issue in the said cause for the plaintiff or demandant, costs shall be also given in like manner ; unless the judge who tried the said issue shall certify that the defendant or tenant, or plaintiff in replevin,...
Page 391 - That if any Action or Suit shall be commenced against any Person or Persons for...
Page 252 - Cur., that goods delivered to any person exercising a public trade or employment to be carried, wrought or managed in the way of his trade or employ, are for that time under a legal protection, and privileged from distress for rent...
Page 130 - It is admitted in argument, that he is not absolutely bound to tranship; he may not have the means of transhipment; but even if he has, he may act for the best in deciding to sell; if he acts...

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