Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of the Cases and the Principal Matters, Volume 5Saunders and Benning, 1835 - Law reports, digests, etc |
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Page 14
... considered as the author of the mischief , and has no right to complain of it . It is , however , quite impossible to sustain such a position . If the plaintiff committed a wrongful act in demolishing the dam , the defendants might have ...
... considered as the author of the mischief , and has no right to complain of it . It is , however , quite impossible to sustain such a position . If the plaintiff committed a wrongful act in demolishing the dam , the defendants might have ...
Page 20
... considered as giving any opinion upon the effect of a prior appropriation , is the only part of the case , which has any tendency to support the doctrine contended for by the defendants . The case of Saunders v . Newman ( a ) is no ...
... considered as giving any opinion upon the effect of a prior appropriation , is the only part of the case , which has any tendency to support the doctrine contended for by the defendants . The case of Saunders v . Newman ( a ) is no ...
Page 23
... considered as authorities , that the first occupier or first person who chooses to appropriate , a natural stream to a useful purpose , has a title against the owner of land below , and may deprive him of the benefit of the natural flow ...
... considered as authorities , that the first occupier or first person who chooses to appropriate , a natural stream to a useful purpose , has a title against the owner of land below , and may deprive him of the benefit of the natural flow ...
Page 24
... considered running water , not as a bonum vacans , in which any one might acquire a property ; but as public or common , in this sense only , that all might drink it , or apply it , to the necessary purposes of supporting life ; and ...
... considered running water , not as a bonum vacans , in which any one might acquire a property ; but as public or common , in this sense only , that all might drink it , or apply it , to the necessary purposes of supporting life ; and ...
Page 27
... considered as clear that an occupier of land may not recover for the loss of the general benefit of the water , without a special use or special damage shewn . But be that as it may , the plaintiff in this case , who has sustained ...
... considered as clear that an occupier of land may not recover for the loss of the general benefit of the water , without a special use or special damage shewn . But be that as it may , the plaintiff in this case , who has sustained ...
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Common terms and phrases
act of parliament action admitted aforesaid afterwards agreement annuity ants appear assigned attorney award bankrupt bill bill of lading cited clause clover co-parceners Collard commissioners common contrà contract conveyance copyhold Court covenant crop custom debt declaration deed defendant delivered delivery demise DENMAN C. J. devise discharged emblements entitled evidence executors feoffment freehold GALLINI grant ground GWILLIM heirs held indenture indictment Inhabit intention issue John judgment jury justices KING Lade Bank land lease lessee lessor liable Littledale Lord Lord Tenterden manor Matthew Knight ment mentioned messuages nonsuit occupied opinion owner paid parish Parke parties PATTESON pauper payment person plaintiff plea possession premises proprietor purpose question rent replevin rule seisin sessions sheriff shewed cause statute statute of frauds steward surrender surrenderee Taunton tenant tenements term testator thereof trial vendee vendor verdict Westzinthus wife words Yates
Popular passages
Page 64 - BY the 4th section of the statute of frauds," it is enacted that " no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall be brought, or some memorandum or 'note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page xxix - ... were respectively written, signed, or executed, as they purport respectively to have been ; that such as are specified as copies are". true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively ; saving all just exceptions to the admissibility of all such documents as evidence in this cause.
Page 1079 - Term) moved accordingly, and also for a rule to shew cause why there should not be a new trial on the ground...
Page 805 - Part thereof, had, held, used or enjoyed, or accepted, reputed, deemed, taken or known as Part, Parcel or Member thereof...
Page 68 - ... or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 55 - E., now moved for a rule, to shew cause why the verdict should not be set aside, and a...
Page xx - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty, or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page 702 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining; To have and to hold the said premises, with the appurtenances, unto the said party of the second part, his heirs and assigns forever, as fully and absolutely as he, the said sheriff, can.
Page 1061 - ... or from the landlord, or from any other person whatsoever, any other or more costs and charges for and in respect of such distress, or any matter or thing done therein...
Page xxiii - Therefore it is considered that the said AB do recover against the said CD, his said damages, costs, and charges, by the jurors aforesaid, in form aforesaid assessed, and also £ for his costs and charges by the Court here, adjudged of increase to the said AB with his assent, which said damages, costs, and charges, in the whole amount to and the said CD in mercy, &c. No. 4. Form of the issue when it is directed to be tried by the Sheriff.