Reports of Cases Argued and Determined in the Court of Common Pleas, and Other Courts: From Easter Term, 36 Geo. III. 1796, to [Hilary Term 44 Geo. III. 1804] ... Both Inclusive: with Tables of the Cases and Principal Matters, Volume 1Oliver D. Cooke, 1826 - Law reports, digests, etc |
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Page 4
... entitled to it but the Plaintiff ? EYRE Ch . J. The Defendant is not like a stakeholder . The question is , Whether he who has received money to another's use on an illegal contract , can be allowed to retain it , and that not even at ...
... entitled to it but the Plaintiff ? EYRE Ch . J. The Defendant is not like a stakeholder . The question is , Whether he who has received money to another's use on an illegal contract , can be allowed to retain it , and that not even at ...
Page 10
... entitled to no favour . A discharge is a favour ; and the question now is , Whether we are to grant a favour or not ? If she can prove a marriage at the trial , it may be a defence at law . Let her put her coverture on the record ...
... entitled to no favour . A discharge is a favour ; and the question now is , Whether we are to grant a favour or not ? If she can prove a marriage at the trial , it may be a defence at law . Let her put her coverture on the record ...
Page 23
... entitled to re- cover . So far from fraud appearing , the Defendants declared their ( a ) Pitcher v . Tovey , Salk . 81. 4 Mod . 71. S. C. ( b ) Vide Walker v . Reeves , Doug . 461 . in the note , and Buller's N. P. 159 . ( c ) Carth ...
... entitled to re- cover . So far from fraud appearing , the Defendants declared their ( a ) Pitcher v . Tovey , Salk . 81. 4 Mod . 71. S. C. ( b ) Vide Walker v . Reeves , Doug . 461 . in the note , and Buller's N. P. 159 . ( c ) Carth ...
Page 28
... entitled to re- cover them by an action . When a prisoner is removed by habeas corpus , if the officer carry him out of the direct road , it is an escape . The case in Blackstone's Reports pretty well establishes the proposition , that ...
... entitled to re- cover them by an action . When a prisoner is removed by habeas corpus , if the officer carry him out of the direct road , it is an escape . The case in Blackstone's Reports pretty well establishes the proposition , that ...
Page 29
... entitled to no indulgence . He stated that final judgment in the King's Bench was signed on the 6th of July 1795 , soon after which the writ of error was brought ; that in the Michaelmas Term following , the Plain- tiff in error filed a ...
... entitled to no indulgence . He stated that final judgment in the King's Bench was signed on the 6th of July 1795 , soon after which the writ of error was brought ; that in the Michaelmas Term following , the Plain- tiff in error filed a ...
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Common terms and phrases
action affidavit aforesaid afterwards annuity appears application assignment assumpsit attorney averred bail bankrupt bill Bishop of DURHAM Blanc Serjt bond BULLER cited common law contended contrà contract conveyance costs Court creditors Curiam debt declaration deed Defendant Defendant's delivered demurrer devise discharged effect entitled execution executor EYRE Ch feme covert fendant feoffment GOODTITLE granted ground heirs held indorsed intention issue John Whitelock Judges judgment jury King's Bench King's Lynn land lease liable London Lord Lord Mansfield Mayor,&c ment nonsuit notice Nurton objection opinion Owstwick paid party payment person Plaintiff plea pleaded possession premises prisoner proceedings prohibition question rent revocation revoked ROOKE Rothley rule nisi rule to shew Runnington scot and lot seised Shepherd Serjt sheriff shew cause ship statute taken tenant Term Rep testator tion trade trial verdict Vide voyage words writ
Popular passages
Page 555 - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 320 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 45 - Si. damages, with liberty to the defendant to move to set it aside, and enter a nonsuit.
Page 433 - It is also understood that the permission granted by this article is not to extend to allow the vessels of the United States to carry on any part of the...
Page 42 - Name aforesaid they shall and may be able to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended...
Page 555 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Page 439 - We are to construe this Treaty as we would construe any other instrument public or private. We are to collect from the nature of the subject, from the words and from the context, the true intent and meaning of the contracting parties, whether they are A. and B., or happen to be two independent States.
Page 435 - And that the citizens of the said United States may freely carry on a trade between the said territories and the said United States, in all articles of which the importation or exportation respectively, to or from the said territories, shall not be entirely prohibited.
Page 433 - States, in all articles of which, the importation and exportation, respectively, to and from the said territories, shall not be entirely prohibited ; provided only, that it shall not be lawful for them, in any time of war between the British government and any...
Page 555 - Immediately after the Defendant began to ship the iron, the Plaintiffs complained that it did not answer the contract description, which was afterwards admitted to be the case, but it was agreed between the Plaintiffs and the Defendant that the former should...