The Law Reports: Court of Common Pleas, Volume 8Incorporated council of law reporting for England and Wales, 1873 - Law reports, digests, etc |
From inside the book
Results 1-5 of 86
Page 8
... give a decision between two parties as to any matter , though he may not be an arbitrator in the strict sense of the word , as not being bound to exercise all the judicial functions for the purpose of decid- ing the matter in dispute ...
... give a decision between two parties as to any matter , though he may not be an arbitrator in the strict sense of the word , as not being bound to exercise all the judicial functions for the purpose of decid- ing the matter in dispute ...
Page 15
... give no sufficient answer to it . Another difficulty would be that the proceeding to ascertain the amount of the damages at law would involve con- siderable delay , and terms would have to be imposed for the purpose of preventing injury ...
... give no sufficient answer to it . Another difficulty would be that the proceeding to ascertain the amount of the damages at law would involve con- siderable delay , and terms would have to be imposed for the purpose of preventing injury ...
Page 25
... give priority over other claims . [ BOVILL , C.J. The difficulty seems to be that the statute relates to debts only . The debtor could not sue the garnishee for this money . ] No order has been made that the money should be paid over ...
... give priority over other claims . [ BOVILL , C.J. The difficulty seems to be that the statute relates to debts only . The debtor could not sue the garnishee for this money . ] No order has been made that the money should be paid over ...
Page 31
... give twenty days ' notice to the claimant to proceed to trial at the sittings or assizes next after the expiration of the notice ; and , if the claimant afterwards neglects to give notice of trial for such sittings or assizes , or to ...
... give twenty days ' notice to the claimant to proceed to trial at the sittings or assizes next after the expiration of the notice ; and , if the claimant afterwards neglects to give notice of trial for such sittings or assizes , or to ...
Page 39
... give twenty days ' notice to the claimant to pro- ceed to trial at the sittings or assizes next after the expiration of the notice ; and , if the claimant afterwards neglects to give notice of trial for such sittings or assizes , or to ...
... give twenty days ' notice to the claimant to pro- ceed to trial at the sittings or assizes next after the expiration of the notice ; and , if the claimant afterwards neglects to give notice of trial for such sittings or assizes , or to ...
Common terms and phrases
33 Vict Act of Parliament affidavit aforesaid alleged amount appears appellant application authority bankruptcy bill of lading BOVILL breach BRETT bye-law cargo Carmarthen cause of action charterer charterparty claim coal common law consignees contended contract cotton count county court damages debt debtor decision declaration default delivered duty Dyson East Butterwick EBSWORTH effect election entitled evidence fact freight garnishee ground Heelis held highway House House of Lords judge judgment jurisdiction jury KEATING L. J. Ex land Law Rep liable London Lord loss Margaret Walker MARINE INSURANCE Marseilles matter Mayor's Court ment nonsuit notice official mark opinion owner paid parties pawnbroker payment person plaintiff plea premises presiding officer proceedings question Railway Company reason recover referred rent-charge repair replevin respect road rule seems ship ship-owner statute tenant thereof Tichborne tion trial trustees verdict vessel vote voter
Popular passages
Page 138 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 651 - ... arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c., or any part thereof.
Page 588 - ... but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided...
Page 178 - On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages as would have arisen from the non-performance of the contract at the appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss.
Page 597 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 581 - These authorities seem to support the proposition, which appears on principle to be very reasonable, that, where a contract is made with reference to certain anticipated circumstances, and where, without any default of either party, it becomes wholly inapplicable to or impossible of application to any such circumstances, it ceases to have any application; it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made.
Page 58 - Under the direction of the learned judge, a verdict was entered for the plaintiff, leave being reserved to the defendant to move to enter the verdict for him if the court should be of opinion that what he did was not an infringement within the above statutes.
Page 456 - Term, when a verdict was found for the defendants, leave being reserved to the plaintiff to move to enter a verdict for...
Page 168 - That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff to have the said agreement performed by the defendant on his part, yet the defendant did not pay the plaintiff the remainder of the said purchase-money as aforesaid on his part.
Page 133 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.