Reports of Cases Argued and Determined in the Court of Exchequer,: From Easter Term 32 George III. to Trinity Term 33 George III. Both Inclusive, Volume 1A. Strahan, law printer to the King's moste excellent Majesty, 1817 - Law reports, digests, etc - 330 pages |
From inside the book
Results 1-5 of 76
Page vi
... fact is to be ascertained by the Court ; and the arguments of Counsel and the opinion of the Court generally contain both the result of fact from the evidence , and the inference of law from that fact . To state the evidence in such ...
... fact is to be ascertained by the Court ; and the arguments of Counsel and the opinion of the Court generally contain both the result of fact from the evidence , and the inference of law from that fact . To state the evidence in such ...
Page vii
... facts , upon which the opinion of the Court proceeded , and have thus given the Report the same form as if the facts had ... fact and argument in the cause tends to support one general proposition . In Equity , it often happens that a ...
... facts , upon which the opinion of the Court proceeded , and have thus given the Report the same form as if the facts had ... fact and argument in the cause tends to support one general proposition . In Equity , it often happens that a ...
Page 20
... fact in their bill , and if it is not ad- mitted , it is a proper subject for an issue , as being a material fact in the cause . Though a decree in this case would not bind any lands in the parish , so as to be conclusive evidence of ...
... fact in their bill , and if it is not ad- mitted , it is a proper subject for an issue , as being a material fact in the cause . Though a decree in this case would not bind any lands in the parish , so as to be conclusive evidence of ...
Page 42
... fact as highly taxed as the blown , and more expensive ; and it was because it was found that this could not possibly be carried on when taxed in the manner the blown is , i . e . on the materials , that this act passed in their favour ...
... fact as highly taxed as the blown , and more expensive ; and it was because it was found that this could not possibly be carried on when taxed in the manner the blown is , i . e . on the materials , that this act passed in their favour ...
Page 44
... fact , in place of a question of law . The judge is to direct the jury as to the point of law , and in doing so , must form his judg- ment of the meaning of the legislature in the same manner as if it had come before him by demurrer ...
... fact , in place of a question of law . The judge is to direct the jury as to the point of law , and in doing so , must form his judg- ment of the meaning of the legislature in the same manner as if it had come before him by demurrer ...
Common terms and phrases
act of parliament action admitted affidavit agistment-tithe agreement allowed answer appears argued assigned assumpsit Attorney averments bill bowsprits Burton Candlemas cattle cited claim clause common conveyance costs Court of Equity Court of Exchequer covenants creditors crown cutter debt debtor declaration decree deed defendant demurrer discovery duties Eliz endowment entitled evidence execution expence extent EYRE fact fendant fraud ground injunction interest issue judgment jury king King's Bench lands lease legislature licence lieu locus in quo Lord Chief Baron ment modus moduses moiles mortgage objection officer Oxton paid parish parishioners party payment person plaintiff plea pleaded possession privilege proceedings proved question rector revenue rule sheep shew cause shewn Sibsey sloop small tithes square rigged statute suit taken Term Rep terriers testator tion tithe of agistment titheable trespass trustees verdict vessel vicar void whole wool writ of error
Popular passages
Page 146 - An Act for the further security of His Majesty's person and Government, and the succession of the Crown in the Heirs of the late Princess Sophia, being Protestants, and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abettors...
Page 147 - An Act for altering the oath of abjuration and the assurance, and for amending so much of an Act of the seventh year of Her late Majesty Queen Anne, intituled: "An Act for the improvement of the Union of the two Kingdoms...
Page 26 - Provided always and be it further enacted by the authority aforesaid, That nothing in this Act shall extend or be construed to extend to...
Page 70 - Parliament, to be made of any benefice or ecclesiastical promotion with cure or any part thereof, and not being impropriated, shall endure any longer than while the...
Page 228 - Evans wanted to borrow £400 or so much of it as his credit should be able to raise; for this purpose he executed a bond, with blanks for the name and sum, and sent an agent to raise money on the bond; Texira lent £200 on it, and the agent accordingly filled up the blanks with that sum and Texira's name, and delivered the bond to him. On non est factum pleaded, Lord Mansfield held it a good deed.
Page 215 - ... so that the action was not removed, but simply an injunction went to stay the proceedings. And I think I can see why that was. If the action had been removed, the question could not have been tried, even in the office of pleas, because you cannot try the Queen's title in an ejectment. The Queen was in possession ; her hands must be removed by some other course of proceeding than an ejectment, and therefore it was fruitless to think of removing it, and it remained under an injunction.
Page 44 - Prius, and shows [*252 them to the jury, they are not to be considered as evidence, but only as the grounds on which he has formed his opinion, in the same manner as if he were to cite authorities for the point of law he lays down.
Page 233 - ... of right ought to have had and enjoyed, and still of right ought to have and enjoy, the benefit and advantage of the water of a certain stream or...
Page 169 - Serjt., now moved for a rule to shew cause why the verdict should not be set aside, and a new trial granted, on the ground of misdirection.
Page 146 - An Act to make further provision for electing and summoning sixteen peers of Scotland to sit in the house of peers in the parliament of Great Britain, and for trying peers for offences committed in Scotland, and for the further regulating of voters in elections of members to serve in parliament, so far as relates to the trial of peers for offences committed in Scotland.