Reports of Cases Argued and Determined in the Court of Queen's Bench: And Upon Writs of Error from that Court to the Exchequer Chamber, in Michaelmas and Hilary Terms, in the Second Year of Victoria [1838-Hilary Term, 1841].
S. Sweet, 1841 - Law reports, digests, etc
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action admitted aforesaid agreement alleged allowed amount appears apply appointed assignment authority bill brought called cause charge claim Coleridge committed common Company consideration contended contract Court creditors damages debt decided defendant delivered directed discharged doubt duty easement effect election entered entitled evidence execution facts give given granted ground held House issue judge judgment jurisdiction jury justices land levied liable Lord Denman C. J. matter means ment mentioned necessary notice objection obtained opinion paid parish party passing Patteson payment person plaintiff plea pleaded poor possession premises present proceedings proved QUEEN question reason received recover refused removal rent respect rule sessions sheriff shew statute sufficient taken tenant term thereof tion trial verdict warrant whole writ
Page 282 - An express promise, therefore, as it should seem, can only revive a precedent good consideration, which might have been enforced at law, through the medium of an implied promise, had it not been suspended by some positive rule of law, but can give no original right of action, if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 514 - Ship called the whereof is Master for this present Voyage and now riding at Anchor in the and bound for to say being marked and numbered as in the Margin, and are to be delivered in the like good order and well conditioned at the aforesaid Port...
Page 450 - ... no act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall be submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.
Page 449 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.
Page 276 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 319 - ... creditor under the commission fifteen shillings in the pound, such certificate shall only protect his person from arrest and imprisonment, but his future estate and effects (except his tools of trade and necessary household furniture, and the wearing apparel of himself, his wife and children), shall vest in the assignees under the said commission, who shall be entitled to seize the same in like manner as they might have seized property of which such bankrupt was possessed at the issuing the commission.
Page 514 - In witness whereof the master or purser of the said ship hath affirmed to three bills of lading...
Page 550 - ... have been in possession or receipt of the entirety, or more than his or their undivided share or shares of such land, or of the profits thereof, or of such rent, for his or their own benefit, or for the benefit of any person or persons other than the person or persons entitled to the other share or shares of the same land or rent, such possession or receipt shall not be deemed to have been the possession or receipt of or by such last-mentioned person or persons, or any of them.
Page 347 - An Act to give Summary Protection to Persons employed in the Publication of Parliamentary Papers. [14th April, 1840.] WHEREAS it is essential to the due and effectual exercise and discharge of the functions and duties of Parliament, and to the promotion of wise legislation, that no...