Reports of Cases Argued and Determined in the Queen's Bench Practice Court: With the Points of Pleading and Practice Decided in the Courts of Common Pleas and Exchequer; from Easter Term, 1843 to [Michaelmas Term, 1849], Volumen6S. Sweet, 1850 |
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Reports of Cases Argued and Determined in the Queen's Bench ..., Volumen5 Great Britain Court of Exchequer Sin vista previa disponible - 2015 |
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affidavit aforesaid Alderson alleged amount appear application arbitrator arrest assumpsit attorney authority averment award bankrupt bill of exchange breach cause of action certificate claim COLTMAN commencement common carriers costs County Court covenant damages debt declaration deed defendant defendant's delivered delivery demurrer discharged Dowl entered entitled estoppel execution executor fendant ground held Hilary Term indorsed issue Judge at Chambers judgment jurisdiction jury justices learned Judge liable Maule ment mentioned mortgage nonsuit notice objection obtained opinion paid parish party payable payment person plaintiff plea pleaded premises present proceedings promissory note prosecute quarter sessions question recovered referred refused rent replevin replication Robinson Rule absolute rule nisi scire facias sessions set-off shareholder sheriff shewed cause shewn special demurrer statute statute of Anne sufficient suit superior Courts taken Term thereof traverse trial verdict vestry Vict Williams writ of summons
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Página 197 - ... we must understand, if not that the party represents that to be true which he knows to be untrue, at least that he means his representation to be acted upon and that it is acted upon accordingly; and if whatever a man's real intention may be he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its...
Página 196 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe 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."* In Freeman v.
Página 52 - Courts of record, for any cause other than those lastly herein-before specified, for which a plaint might have been entered in any Court holden under this act, and a verdict shall be found for the plaintiff for a sum less than twenty pounds, if the said action is founded on contract, or less than five pounds if it be founded on tort, the said plaintiff shall have judgment to recover such sum only, and no costs...
Página 273 - ... at law or in equity upon such mortgage (such money for principal, interest, and costs to be ascertained and computed by the Court where such action is or shall be...
Página 296 - Peace which shall first happen, and to abide the Order of and pay such Costs as shall be awarded by the Justices at such Quarter Sessions, or any Adjournment thereof...
Página 87 - Viet. c. 95, enacts, that all actions and proceedings which before the passing of this act might have been brought in any of Her Majesty's Superior Courts of Record, where the plaintiff dwells more than twenty miles from the defendant, or where the cause of action did not arise wholly or in some material point within the jurisdiction of the court within which the defendant dwells or carries on his business...
Página 207 - And by the 113th section it is enacted that, " if any action shall be commenced after the passing of this act in any of her Majesty's Superior Courts of Record, for any cause other than those lastly hereinbefore specified, for which a plaint might have been entered...
Página 278 - Court of law, to the attorney or solicitor for the other side,) insist, either that the party praying a redemption has not a right to redeem, or that the premises are chargeable with other or different principal sums, than what appear on the face of the mortgage or shall be admitted on the other side...
Página 52 - Matter as aforesaid, shall be stayed, and the Court in which such Action shall have been brought, or any Judge thereof, on Proof of the Issue of such Summons, and that the Goods and Chattels...
Página 323 - B., a verdict was found for the plaintiff; and, in the following term, a motion was made for a new trial, on the ground of misdirection, and of the verdict being against the weight of evidence. It...