Irish Chancery Reports: Being a Series of Reports of Cases Argued and Determined in the High Court of Chancery and the Rolls Court, in Ireland...1850[-1866]...
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action agreement alleged allowed amount appears apply argument assigns attachment authority averment bill brought called cause charge cited claimed Common Law Common Pleas Company consideration considered construction contained contract costs Counsel count Court covenant debt decided decision deed defendant demised devise directed duty effect entered entitled evidence Exchequer execution existence express fact fishery further give given grant ground heirs held hold intended interest issue Judge judgment jurisdiction jury Justice lands lease Lord manor matter meaning ment mentioned namely objection opinion paid parties passed payment person plaint plaintiff pleaded portion possession premises present principle proceedings proved purchase Queen's Bench question Railway reasonable received referred renewal rent respect rule servants statute subsequently sufficient taken tenant trial verdict whole
Página 472 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Página 415 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Página 450 - ... the jury sworn to try the issue may give a general verdict of guilty or not guilty, upon the whole matter put in issue upon such indictment or information, and shall not be required or directed, by the court or judge before whom such indictment or information...
Página 326 - This, like many other cases, is a bargain between a company of adventurers and the public, the terms of which are expressed in the statute ; and the rule of construction, in all such cases, is now fully established to be this ; that any ambiguity in the terms of the contract must operate against the adventurers, and in favor of the public, and the plaintiffs can claim nothing that is not clearly given them by the Act.
Página 414 - ... and also to all rights of entry for conditions broken, and other rights of entry ; and also to such of the same estates, interests, and rights respectively, and other real and personal estate, as the testator may be entitled to at the time of his death, notwithstanding that he may become entitled to the same subsequently to the execution of his will.
Página 78 - 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 241 - ... the plaintiff shall have judgment to recover such sum only, and no costs, except in the cases hereinafter provided, and except in the case of a judgment by default ; and it shall not be necessary to enter any suggestion on the record to deprive such plaintiff of costs, nor shall any such plaintiff be entitled to costs by reason of any privilege as attorney or officer of such Court or otherwise.
Página 392 - ... and all other persons claiming and deriving under the said lease, shall be barred and foreclosed from all relief or remedy in law or equity...
Página 394 - Keller his heirs and assigns. To the only proper use and behoof of the said David H. Keller his heirs and Assigns Forever And the said William H.