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]...Hodges, 1859 |
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Página 30
... plaint as was pleaded the defendant he was a Ma- pleaded that to by the second paragraph of the defence , on the ground that the gistrate , and same amounted to a double plea , and had been pleaded without the leave of the Court ; or ...
... plaint as was pleaded the defendant he was a Ma- pleaded that to by the second paragraph of the defence , on the ground that the gistrate , and same amounted to a double plea , and had been pleaded without the leave of the Court ; or ...
Página 49
... plaint ought to have averred a contract to deliver good , sound and merchantable seed ; but instead of that , it avers that by a contract to deliver seed , there is raised a contract to deliver good , sound and merchantable seed : that ...
... plaint ought to have averred a contract to deliver good , sound and merchantable seed ; but instead of that , it avers that by a contract to deliver seed , there is raised a contract to deliver good , sound and merchantable seed : that ...
Página 52
... plaint , and the copy served , are , after seal- ing , altered without the authority of the Court , and the defendant , being aware of the alteration , goes to trial thereon , MOTION to set aside the summons and plaint , and all ...
... plaint , and the copy served , are , after seal- ing , altered without the authority of the Court , and the defendant , being aware of the alteration , goes to trial thereon , MOTION to set aside the summons and plaint , and all ...
Página 53
... plaint , and cautioning him against taking any further proceedings in the cause , and informing him that he would attend the trial under protest . The action was tried on the 11th of February 1858. Previously , however , to the ...
... plaint , and cautioning him against taking any further proceedings in the cause , and informing him that he would attend the trial under protest . The action was tried on the 11th of February 1858. Previously , however , to the ...
Página 59
... plaint . But assuming that to be so , the case now comes before us in a double aspect . The defendant has sustained no injury by this alteration ; he has had his chance of a verdict , just as if the action had been founded upon the most ...
... plaint . But assuming that to be so , the case now comes before us in a double aspect . The defendant has sustained no injury by this alteration ; he has had his chance of a verdict , just as if the action had been founded upon the most ...
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Términos y frases comunes
Act of Parliament action affidavit aforesaid agreement alleged appears apply argument assumpsit attachment attorney averred Ballymena Belfast bill of sale Bridget cause certificate Cham charter-party cited Coleraine Common Law Procedure Common Pleas conditional order consideration construction contended contract costs Counsel Court of Queen's covenant creditor debt deed defendant defendant's DELACHEROIS demised demurrer devise DROGHEDA duty ejectment entitled escheat evidence Exch Exchequer execution fact Fairtlough fishery garnishee grant ground held issue judgment jurisdiction jury Justice lands Law Procedure Act Law Rep learned Judge lease LEFROY lessee LORD CHIEF MACDONA Magistrates manor ment moiety motion opinion parcel parliamentary train parties payable payment person plaintiff pleaded possession premises proceedings purchase Queen's Bench question Quia Emptores Railway Company renewal rent Richard Y River Moy rule seised servants statute Stoney summons and plaint tenant testator thereof tithes trial TUOHEY turbary turf undertenants verdict words writ
Pasajes populares
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.
Página 303 - Act affect any Lands, Tenements, or Hereditaments, as to Purchasers, Mortgagees, or Creditors, unless and until a Memorandum or Minute, containing the Name, and the usual or last known Place of Abode, and the Title, Trade, or Profession...