Reports of Adjudged Cases in the Court of Common Pleas. During the Time Lord Chief Justice Willes Presided in that Court [1737-1758]: Together with Some Few Cases of the Same Period Determined in the House of Lords, Court of Chancery, and Exchequer ChamberP. Byrne, no. 72, Chestnut Street, 1800 - 699 páginas |
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Página 324 - It is said in our books, that the construction of deeds ought to be favourable, and as near to the apparent intent of the parties as possibly may be, and as the law will permit. That too much regard is not to be had to the natural and proper signification of words and sentences, to prevent the simple intention of the parties from taking effect ; for that the law is not nice in grants ; and therefore it doth often transpose words contrary to their order, to bring them to the intent of the parties...
Página 564 - ... promise, agreement, covenant, bond, or any assurance to receive or have any money, fee, reward, or other profit, directly or indirectly, for any office or offices, or for the *deputation of any office or offices, or any part of...
Página 564 - That if any person or persons at any time hereafter bargain or sell any Office or Offices or deputation of any Office or Offices, or any part or parcel of any of them, or receive, have, or take any money, fee, reward, or any other profit, directly or indirectly, or take any promise, agreement, covenant, bond, or any assurance to receive or have any money, fee, reward, or other profit directly or indirectly for any Office or Offices or for the deputation of any Office or Offices, or any part...
Página 46 - The reason given for this opinion in the books why they are not distrainable is that a man can have no valuable property in them. But the rule is plainly too general, for the rule in Co. Lit. is extended to dogs, yet it is clear now that a man may have a valuable property in a dog.
Página 324 - I admit that though the intent of the parties be never so clear, it cannot take place contrary to the rules of law, nor can we put words in a deed which are not there, nor put a construction on the words of a deed directly contrary to the plain sense "of them.
Página 573 - ... before per quod consortium amisit is as much the gist of the action as the other ; for though it should be laid that the plaintiff lost the comfort and assistance of his wife, yet if the fact that is laid by which he lost it be a lawful act, no action can be maintained. By injuria is meant a tortious act ; it need not be wilful and malicious ; for though it be accidental, if it be tortious, an action will lie.
Página 387 - ... and also every such note payable to any person or persons, body politic and corporate, his, her, or their order, shall be assignable or indorsable over, in the same manner as inland bills of exchange are or may be, according to the custom of merchants...
Página 421 - ... for all defendants in replevin to avow or make cognizance generally, that the plaintiff in replevin, or other tenant of the lands...
Página 506 - Things delivered to a person exercising a public trade, to be carried, wrought, worked up, or managed in the way of his trade or employ.
Página 389 - When the words of an act are doubtful and uncertain, it is proper to inquire what was the intent of the legislature. But it is very dangerous for judges to launch out too far in searching into the intent of the legislature, when they have expressed themselves in plain and clear words.