Cases Argued and Adjudged in the Court of King's Bench, at Westminster: In the 7th, 8th, 9th and 10th Years of the Reign of His Late Majesty, King George the Second [1733-1738]; During which Time the Late Lord Chief Justice Hardwicke Presided in that CourtR. Pheney and S. Sweet, 1815 - 456 pages |
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Common terms and phrases
2dly act of parliament action of debt admitted affidavit alledged amend appear arrest assumpsit attorney averment award bail Barnard bill bond burgess canons carrying for hire cause of action certiorari charge cited common law costs court of equity custom damages declaration demurrer devise discharged dower ecclesiastical court election Eliz evidence execution executor fendant given granted heir held husband indictment issue judge judgment jurisdiction jury justices KING versus latitat likewise Lord Hardwicke mandamus matter mayor ment Michaelmas motion opinion parish party person plaintiff plaintiff in error plea privilege Probyn proceedings prohibition quashed question quo warranto Raym reason refused remainder rent replevin rule Salk says seisin Serjeant sessions sheriff shew cause stat statute Stra sufficient suit taken tenant term testator tion trial verdict void warrant wife witness words writ of error
Popular passages
Page 15 - Printing-House, between the hours of ten in the morning and two in the afternoon, to preach eight Divinity Lecture Sermons, the year following, at St.
Page 295 - ... or one that he hires ; a lodger was never considered by any one as the occupier of a house : no part of it can be said to be in his tenure or occupation ; and though he pay rates, yet will he not have the power to vote, not being deemed to be a householder or occupier. A lodger cannot be said to be an...
Page 16 - The general rule is, that if the judge of nisi prius directs the jury on the point of law, and they think fit obstinately to find a verdict contrary to his direction, that is sufficient ground for granting a new trial ; and when the judge upon a doubt of law directs the jury to bring in the matter specially, and they find a general verdict, that also is a sufficient foundation for a new trial.
Page 127 - That all Writs of Error, wherein there shall be any Variance from the original Record, or other Defect, may and shall be amended and made agreeable to such Record, by the respective Courts where such Writ or Writs of Error shall be made returnable...
Page 136 - ... remains in force, without pleading any other matter specially; whereto the plaintiff or plaintiffs shall or may reply generally, and deny the matters pleaded as aforesaid, or reply any other matter or thing which may...
Page 89 - ... the reason why we grant these writs is to prevent a failure of justice, and for the execution of the common law, or of some statute, or of the King's charter, and never as a private remedy to the party, except on the statute of Q.
Page 5 - And also, in every case where a woman taketh a husband seised of such an estate in tenements, &c. so as by possibility it may happen that the wife may have issue by her husband...
Page 4 - Berney, his eldest son, for life; remainder to the first and other sons of Hanson Berney in tail, with divers remainders over. And in this deed a power was given to the trustees, authorizing them, at the request of Sir John Berney...
Page 81 - April, to be made, suffered, or done, to or for the use or behoof of any such person or persons, or upon any trust or confidence, mediately or immediately, to or for the benefit or relief of any such person or persons, shall be utterly void and of none effect, to all intents, constructions, and purposes whatsoever.
Page 78 - ... if it should be laid down, that because goods are prohibited to be exported by the laws of any foreign country from whence they are brought, therefore the parties should have no remedy or action here, it would cut off all benefit of such trade from this kingdom, which would be of very bad consequence to the principal and most beneficial branches of our trade...