A Selection of Legal Maxims: Classified and Illustrated |
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Results 1-5 of 76
Page 72
... intention.5 is a well settled rule of law that every charge upon the subject must be imposed by clear and unambiguous language . " Per Bayley , J. , Denn v . Diamond , 4 B. & C. 245 ( 10 E. C. L. R. ) ; per Bramwell , B. , A. G. v ...
... intention.5 is a well settled rule of law that every charge upon the subject must be imposed by clear and unambiguous language . " Per Bayley , J. , Denn v . Diamond , 4 B. & C. 245 ( 10 E. C. L. R. ) ; per Bramwell , B. , A. G. v ...
Page 75
... intention of the legislature in such cases it may well be the duty of the Court , whose province it is to declare , and not to make the law , to give effect to the decrees of the legislature so expressed . But , where an Act of ...
... intention of the legislature in such cases it may well be the duty of the Court , whose province it is to declare , and not to make the law , to give effect to the decrees of the legislature so expressed . But , where an Act of ...
Page 91
... intention of the leg- islature be apparent that the two rights should not exist together.3 In order to repeal an existing enactment , a statute must have either express words of repeal , or must be contrary to , or inconsistent with ...
... intention of the leg- islature be apparent that the two rights should not exist together.3 In order to repeal an existing enactment , a statute must have either express words of repeal , or must be contrary to , or inconsistent with ...
Page 98
... intention of the * legislature ; and the question in this and [ * 38 ] every other similar case is , whether that intention has been sufficiently expressed . " In this case Rolfe , B. , also remarks that the principle as to nova ...
... intention of the * legislature ; and the question in this and [ * 38 ] every other similar case is , whether that intention has been sufficiently expressed . " In this case Rolfe , B. , also remarks that the principle as to nova ...
Page 99
... intention of the legislature should be done . Now , if the construction con- tended for was to be considered as the right construction , it would lead to the manifest injustice of a party who might have put himself to great expense in ...
... intention of the legislature should be done . Now , if the construction con- tended for was to be considered as the right construction , it would lead to the manifest injustice of a party who might have put himself to great expense in ...
Contents
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Other editions - View all
A Selection of Legal Maxims, Classified and Illustrated - Scholar's Choice ... Herbert Broom No preview available - 2015 |
A Selection of Legal Maxims, Classified and Illustrated - Primary Source Edition Herbert Broom No preview available - 2014 |
Common terms and phrases
11 Exch according Act of Parliament action agent agreement applied authority Bing Broom & Hadley Caveat emptor chattel cited common law consideration considered construed contract Court court of equity covenant Crown damage debet debt deed defendant doctrine Earl East emblements entitled equity evidence Exch execution executor express facit fact fraud grant H. L. Cas heir held injury Inst instance instrument intention Jones judge Judgm judgment jure jurisdiction jury justice king land lease legislature liable Litt London Lord Lord Brougham Lord Campbell Lord Cranworth Lord Ellenborough Lord Mansfield matter maxim Mayor observed owner Parke party payment person plaintiff potest principle quæ quod reason recognised recover reference resp Scott N. R. Smith stat statute supra tenant testator Tindal tion unless Vict void warranty Western R. C. words
Popular passages
Page 80 - ... at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 742 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may say so.
Page 894 - December, 1833, no person shall make an entry or distress, or bring an action, to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress, or to bring such action, shall have first accrued to some person through whom he claims...
Page 296 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 81 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Page 313 - A conspiracy, it is said,f consists not merely in the intention of two or more, but in the agreement of two or more, to do an unlawful act or to do a lawful act by unlawful means.
Page 385 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Page 914 - ... the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought ; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties in such shares as the jury by their verdict shall find and direct.
Page 856 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Page 372 - ... it seems but reasonable and just that the neighbor, who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...