A Selection of Legal Maxims: Classified and Illustrated |
From inside the book
Results 1-5 of 72
Page 97
... deed : application 1st , that it be sufficient in law , on which the Court shall decide ; 2ndly , that certain matters of fact , as sealing and delivery , be duly proved , on which it is the province of the jury to determine ( f ) ; and ...
... deed : application 1st , that it be sufficient in law , on which the Court shall decide ; 2ndly , that certain matters of fact , as sealing and delivery , be duly proved , on which it is the province of the jury to determine ( f ) ; and ...
Page 126
... deed executing a power refers back to the instrument creating the power , so that the appointee takes under him who created the power , and not under him who executes it , has been called a fiction ; and so it was considered in Bartlett ...
... deed executing a power refers back to the instrument creating the power , so that the appointee takes under him who created the power , and not under him who executes it , has been called a fiction ; and so it was considered in Bartlett ...
Page 148
... deed thus altered no longer continues the same deed , and that no person . can maintain an action upon it ; and this principle of the law is calculated to prevent fraud and to deter men from tampering with written securities ( g ) . The ...
... deed thus altered no longer continues the same deed , and that no person . can maintain an action upon it ; and this principle of the law is calculated to prevent fraud and to deter men from tampering with written securities ( g ) . The ...
Page 150
... deed cannot be altered , after it is executed , without fraud or wrong , and the presumption is against fraud or wrong , interlineations or erasures apparent on the face of a deed will be presumed to have been made before its execution ...
... deed cannot be altered , after it is executed , without fraud or wrong , and the presumption is against fraud or wrong , interlineations or erasures apparent on the face of a deed will be presumed to have been made before its execution ...
Page 162
... deed and in pais , is in great measure a development of the principle expressed in this maxim . Indeed , the learned editor of Smith's Leading Cases , who was the first to reduce to any system the many applications of the theory of ...
... deed and in pais , is in great measure a development of the principle expressed in this maxim . Indeed , the learned editor of Smith's Leading Cases , who was the first to reduce to any system the many applications of the theory of ...
Contents
xix | |
xxiii | |
xxxiv | |
1 | |
9 | |
16 | |
28 | |
34 | |
40 | |
46 | |
61 | |
71 | |
80 | |
88 | |
96 | |
116 | |
124 | |
131 | |
138 | |
147 | |
153 | |
161 | |
168 | |
177 | |
206 | |
224 | |
237 | |
246 | |
262 | |
273 | |
293 | |
300 | |
316 | |
445 | |
457 | |
460 | |
464 | |
480 | |
486 | |
493 | |
533 | |
541 | |
548 | |
561 | |
600 | |
606 | |
636 | |
644 | |
777 | |
798 | |
822 | |
832 | |
844 | |
855 | |
888 | |
896 | |
908 | |
922 | |
Other editions - View all
Common terms and phrases
Act of Parliament applied Bing chattel cited common law contract Court Court of equity criminal Crown damage debet defendant doctrine duty Earl emblements entitled equity error estoppel ex pte execution fact felony fraud Grand Junction Canal grant H. L. Cas held House of Lords indictment injury Inst instance Insurance intention Jenk Jones judge Judgm judgment jure jurisdiction jury justice king L. J. Ex land lease legislature liable Litt London Lord Brougham Lord Campbell Lord Ellenborough Lord Mansfield maxim Mayor ment Metropolitan Board negligence Nemo observed offence owner party person petition of right plaintiff possession potest principle proceedings quæ question quod reason recognised recover remedy resp Scott Smith stat statute sunt supra Taylor tenant Tindal tion Tofield trespass Vict void Western R. C. Williams writ wrong
Popular passages
Page 866 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 866 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...
Page 695 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 695 - The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed ; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as • VIP.V's representative. between him and the plaintiff, by accident, if I may so say.
Page 313 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 533 - Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.
Page 545 - ... all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship, &c., or any part thereof...
Page 366 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Page 657 - No action shall be brought whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy, or upon any ratification made after full age of any promise or contract made during infancy, whether there shall or shall not be any new consideration for such promise or ratification after full age.
Page 865 - Parliament assembled, and by the authority of the same, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...