Reports of Cases Argued and Determined in the Court of King's Bench: During Hilary, Easter, and Trinity Terms, in the Second and Third Geo. IV. [1822-Trinity Term, 1827], Part 150, Volume 4S. Sweet, 1822 - Law reports, digests, etc |
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Page 8
... taken , first , that the promise being to pay the debt of another ought to have been in writing , to take the case out of the statute of frauds ; and second , that this not being a transaction in the ordinary course of business , the ...
... taken , first , that the promise being to pay the debt of another ought to have been in writing , to take the case out of the statute of frauds ; and second , that this not being a transaction in the ordinary course of business , the ...
Page 40
... taken as conclusive proof in all cases where the facts deposed to , if proved by parol evidence , would be sufficient to sustain the commission . BAYLEY , J. - I am of the same opinion . BEST , J. ( a ) —One of the greatest evils of the ...
... taken as conclusive proof in all cases where the facts deposed to , if proved by parol evidence , would be sufficient to sustain the commission . BAYLEY , J. - I am of the same opinion . BEST , J. ( a ) —One of the greatest evils of the ...
Page 42
... taken to be of such tonnage or burthen as is described and set forth tered at 230 , in the respective certificate of the registry of each and every such ship ; but in fact and if any such ship or vessel shall be partly laden with goods ...
... taken to be of such tonnage or burthen as is described and set forth tered at 230 , in the respective certificate of the registry of each and every such ship ; but in fact and if any such ship or vessel shall be partly laden with goods ...
Page 43
... taken as of the burthen stated in the register , there were more passengers on board than the law allowed , and consequently the detention of the vessel by the officers of the customs was justifiable ; but it was contended that ...
... taken as of the burthen stated in the register , there were more passengers on board than the law allowed , and consequently the detention of the vessel by the officers of the customs was justifiable ; but it was contended that ...
Page 44
... taken to be that mentioned in the certificate of the ship's register ; but still , MACINTOSH . if the vessel is only in part laden with goods , then the actual tonnage may be taken into consideration ; and therefore the vessel having ...
... taken to be that mentioned in the certificate of the ship's register ; but still , MACINTOSH . if the vessel is only in part laden with goods , then the actual tonnage may be taken into consideration ; and therefore the vessel having ...
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Common terms and phrases
ABBOTT act of parliament action advowson affidavit aforesaid afterwards agreement aldermen alleged annuity appears apply assignment assumpsit attorney authority averment award bail bankrupt Baron Stafford Bayley bill Bishop Bishop of CHESTER borough certificate certiorari chaldron charter charter-party church co-parceners common law contended contrà contract costs Court court-leet covenant creditors D. F. Jones damages debt declaration deed defendant defendant's discharged entitled evidence fact fendant free burgesses granted ground held hiring HOLROYD horse mill indenture INHABITANTS issue J. T. Trafford judgment jury justices KING land lease liable libel LITTLEDALE Lord Lord Ellenborough mandamus manor matter mayor ment mill nonsuit notice objection opinion overseers paid parish parties pauper payment person plaintiff plea premises present proved question removed rent rule nisi Sessions settlement shewed cause ship statute tenant testator thereof tion trial verdict void Woolpit
Popular passages
Page 395 - Lawrence ; comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy and the Atlantic Ocean ; excepting such islands as now are, or heretofore have been, within the limits of the said province of Nova Scotia.
Page 396 - Majesty's dominions in America ; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours and creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same shall remain unsettled...
Page 395 - Superior; thence through Lake Superior northward of the Isles Royal and Phelipeaux, to the Long Lake; thence through the middle of said Long Lake, and the water communication between it and the Lake of the Woods, to the said Lake of the Woods; thence through the said lake to the most northwestern point thereof, and from thence on a due west course to the river Mississippi...
Page 400 - Britain; and that the King's Majesty, by and with the advice and consent of the Lords spiritual and temporal and Commons of Great Britain in Parliament assembled, had, hath and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the Crown of Great Britain in all cases whatsoever.
Page 395 - Lawrence, and at all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish ; and also, that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfoundland as British fishermen shall use ; (but not to dry or cure the same on that island ;) and also on the coasts, bays, and creeks, of all other of his Britannic Majesty's dominions in America...
Page 396 - States, and therein to remain twelve months, unmolested, in their endeavours to obtain restitution of such of their estates, rights and properties as may have been confiscated; and that Congress shall also earnestly recommend to the several States a re-consideration and revision of all acts or laws regarding the premises...
Page 397 - The navigation of the river Mississippi, from its source to the ocean, shall for ever remain free and open to the subjects of Great Britain and the citizens of the United States.
Page 121 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death are the subject of the dying declarations.
Page 395 - ... a line to be drawn along the middle of the said river Mississippi until it shall intersect the northernmost part of the thirty-first degree of north latitude.
Page 468 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...