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 95
Page 29
... Notice to proceed under s . 202 of the Common Law Procedure Act , 1852- Surprise . To entitle a defendant in ejectment to apply for a stay of the proceedings until the costs of a former unsuccessful action of ejectment are paid , it is ...
... Notice to proceed under s . 202 of the Common Law Procedure Act , 1852- Surprise . To entitle a defendant in ejectment to apply for a stay of the proceedings until the costs of a former unsuccessful action of ejectment are paid , it is ...
Page 31
... notice , pursuant to s . 202 ( 2 ) of the Common Law Procedure Act , 1852 , was served upon the plain- tiff's attorneys : " We ( 3 ) hereby give you notice and require you in twenty days from the date hereof to proceed to trial in this ...
... notice , pursuant to s . 202 ( 2 ) of the Common Law Procedure Act , 1852 , was served upon the plain- tiff's attorneys : " We ( 3 ) hereby give you notice and require you in twenty days from the date hereof to proceed to trial in this ...
Page 32
... notice of trial for such TICHBORNE sittings , judgment will be signed against you according to the form in that case provided . " v . MOSTYN . By an order of the 23rd of March , 1872 , the plaintiff's attorneys were changed , and leave ...
... notice of trial for such TICHBORNE sittings , judgment will be signed against you according to the form in that case provided . " v . MOSTYN . By an order of the 23rd of March , 1872 , the plaintiff's attorneys were changed , and leave ...
Page 33
... notice to proceed , given by the defendants under the 202nd section of the Common Law Procedure Act , 1852 , is clearly incon- sistent with the present application , and operates as a waiver of the defendants ' right to make it . The ...
... notice to proceed , given by the defendants under the 202nd section of the Common Law Procedure Act , 1852 , is clearly incon- sistent with the present application , and operates as a waiver of the defendants ' right to make it . The ...
Page 39
... notice to proceed , under s . 202 of the Common Law Procedure Act , 1852. The action being at issue , and having ... notice to the claimant to pro- ceed to trial at the sittings or assizes next after the expiration of the notice ; and ...
... notice to proceed , under s . 202 of the Common Law Procedure Act , 1852. The action being at issue , and having ... notice to the claimant to pro- ceed to trial at the sittings or assizes next after the expiration of the notice ; and ...
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.