Reports of Cases Adjudged in the Court of King's Bench,: During the Reigns of Charles the Second; James the Second; and William the ThirdW. Clarke and son, 1794 |
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Términos y frases comunes
act of parliament action adminiftration affigned againſt anſwer attorney becauſe Befides bishop BISHOP OF LONDON cafe caufe cauſe clerk commiffion common law confequently court covenant Cowp cuftos CURIAM debt declaration defendant demurrer DOLBIN doth Dougl eftate Eliz eſtate executor exprefs faid fame feized feoffment fhall fhew fhip fhould firft firſt fome fpecial ftatute fuch fuit fuppofe furrender GEORGE TREBY grant hath heir Hilary Term himſelf HOLT Chief Justice iffue infant intereft judgment jurifdiction king King's Bench laft land leafe LORD matter muft muſt otherwife party perfon plaintiff plea pleaded poffeffion Poft præd prefent prerogative queftion quod reafon releaſe reverfion Roll Abr S. C. Carth S. C. Comb S. C. Holt Salk ſhall Simon Leach Sir John Lewis Stra tenant Term Rep thefe theſe thoſe Trinity Term uſe verdict void writ of error
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Página 65 - ¡flue, and verdin for the plaintiff, it was moved in arreft of judgment, that the declaration is ill, for here is no warranty.
Página 212 - That to the court of King's Bench belongs authority, not only to correct errors in judicial proceedings, but other errors and misdemeanors extrajudicial, tending to the breach of peace, oppression of subjects, or to the raising of faction, controversies, debate, or to any manner of misgovernment.
Página 124 - ... and that all this law of merchants is part of the law of the land, and the judges are obliged to take notice of that as well as of any other law.
Página 16 - no execution shall be stayed or delayed, upon or. by any writ of error, or supersedeas thereupon to he sued, for the reversing of any judgment in any action or bill of debt, upon any single bond for debt, or upon any obligation with condition for the payment of money only, or upon any action or bill of debt for rent, or upon any contract...
Página 432 - County where such Society shall be established, for the Time being, without Fee or Reward ; and in case of Forfeiture it shall be lawful to sue upon such Bond in the Name of the Clerk of the Peace for the Time being, for the Use of the said Society...
Página 279 - ... considerable time, it should abate by the transferring the freehold to a stranger, by reason of his agreement to some conveyance made before the writ brought; for otherwise there is nothing in the nature of the thing against conveying a freehold in futuro; for a rent de novo may be so granted; because that being newly created, there can be no precedent right to bring any real action for it. Palmer, 29, 30. Now in this case, suppose a...
Página 112 - ... same case above mentioned, in 5 Mod. argues and observes, upon the statute 31 Elizabeth, cap. 5, and its proviso in sect. 3, providing " That that act shall not extend to any such officers of record as have, in respect of their offices, theretofore lawfully used to exhibit informations...
Página 120 - Land; and by the said Great Charter and other the Laws and Statutes of this Your Realm, no Man ought to be adjudged to Death but by the Laws established in this Your Realm...
Página 295 - Show. 317, 318, it was laid down that: " it is no more than the law of merchants, and that is jus gentium, and we are to take notice of it
Página 508 - POLLOCK. 1829. person that must be trusted with the rolls to make entries upon, to draw judgments, to record pleas, to join issues, and enter judgments, then by common right and by the common law of the land it belongs to him that hath the keeping of the records to nominate this clerk, and not to any one else...