The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration & Awards: With an Appendix of the New Rules, the Statutes of Set-off, Interpleader & Limitation, and the Decisions Thereon, Volume 3Longman, Brown, Green, and Longmans, 1842 - Arbitration and award |
Common terms and phrases
action affidavit afterwards alleged ant่ arrest assignment assumpsit assured attorney averment avowry barratry bill bill of lading Bing bond bottomry Burr Camp cargo cause certificate of registry charge Chitt clerk consignee contract convoy corporation costs court Cowp creditor damages debt declaration defendant defendant's delivered discharge East election entitled evidence fact freight granted held holden ibid interest issue Judgment of Lord jury Justice liable libel lien locus in quo Lord Denman Lord Ellenborough Lord Kenyon Lord Mansfield loss maintain malicious mandamus master Mayor ment notice owner partner partnership party payment person plaintiff plea pleaded port possession premium proof prove quo warranto recover refused Regina rent replevin rule sail Saund servant sheriff shew ship slander Stark stat statute sufficient Taunt tenant tender tion toll trespass trover underwriters verdict vessel vide etiam voyage warrant words writ
Popular passages
Page 2719 - ... in an action on the case, for the use and occupation of what was so held or enjoyed ; and if in evidence on the trial of such action any parol demise or any agreement (not being by deed) whereon a certain rent was reserved shall appear, the plaintiff in such action shall not therefore be nonsuited, but may make use thereof as an evidence of the Quantum of the damages to be recovered.
Page 2552 - Malice in common acceptation means ill-will against a person, but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse.
Page 2122 - Whether a party is guilty of negligence, or not, is a question of fact for the jury, and not a question of law for the court to decide, when the evidence tends to establish such negligence.
Page 2675 - If goods are sold upon credit, and nothing is agreed upon as to the time of delivering the goods, the vendee is immediately entitled to the possession, and the right of possession and the right of property vests at once in him...
Page 2494 - ... in replevin or other tenant of the lands and tenements whereon such distress was made enjoyed the same under a grant or demise at such a certain rent during the time wherein the rent distrained for incurred, which rent was then and still remains due...
Page 2147 - Good faith forbids either party by concealing what he privately knows, to draw the other into a bargain, from his ignorance of that fact, and his believing the contrary.
Page 2652 - ... relating to any entry by virtue of this act, or otherwise upon the premises chargeable with such rents or services, or to any distress or seizure, sale or disposal of any goods or chattels thereupon, it shall and may be lawful to and for the defendant or defendants in such actions, to plead the general issue, and give the special matter in evidence...
Page 2503 - ... take in their own names from the plaintiff, and two responsible persons as sureties, a bond...
Page 2506 - ... shall be brought may, by a rule of the same court, give such relief to the parties upon such bond as may be agreeable to justice and reason ; and such rule shall have the nature and effect of a defeasance to such bond.
Page 2026 - ... proving such warrant at the trial of such action, the jury shall give their verdict for the defendant or defendants notwithstanding any defect of jurisdiction in such justice or justices...