Reports of Cases Argued and Ruled at Nisi Prius, in the Courts of King's Bench and Common Pleas: From Easter Term, 33 George III. 1793, to [Trinity Term, 47 George III. 1807, Both Inclusive], Volume 5

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Page 21 - ... or suffer a discontinuance of such action, or if, upon any demurrer in such action, judgment shall be given for the defendant...
Page 211 - II. c. 28, s. 1, it is enacted, " that in case any tenant or tenants for any term of life, lives, or years, or other person, or persons, who are, or shall come into possession of any lands, tenements, or hereditaments, by, from, or under, or by collusion with, such tenant or tenants, shall wilfully hold over any lands, tenements, or hereditaments, after the determination of such term or terms, and after demand made, and notice in writing given...
Page 206 - July, 1840, by a certain indenture then made between the plaintiff of the one part, and the defendant of the other part...
Page 9 - Papers. 1831/2, v. 35.) * SDD King's Bench prison day rules. Return of the number of day rules granted to prisoners in the custody of the marshal of the Marshalsea of the Court of King's Bench, from the year 1805 to the year 1832, both inclusive. 23 August 1833. nt-p. [London, 1833] 1 1. f°. (Gt. Br. Parlt. Papers. 1833, v. 29.) * SDD Coroners
Page 75 - And in another place his lordship adds, " I think the master having entrusted the servant to sell, he is entrusted to do all he can to effectuate the sale ; •and if he does exceed his authority in so doing, he binds his master.
Page 50 - Messina, of capture, ° &o. the ship having arrived at Port Mahon found that Messina was in the hands of or blockaded by the French, and the assured on goods consequently gave notice of abandonment, and went for a total loss — Lord Ellenborough, on the above grounds, held that he could not recover...
Page 74 - If the servant is sent with the horse by his master, and the horse is offered for sale, I think he thereby becomes the accredited agent of his master, and what he has said at the time of sale, as part of the transaction of selling, respecting the horse, is evidence ; but an acknowledgment to that effect made at another time is not so : it must be confined to the time of the actual sale, when he was acting for his master.
Page 122 - Plaintiff had discharged the other owner*, who, in renewed.15'" be ignoi'ance 0f this mode of dealing between the Plaintiff and White, had suffered him to receive large sums of the East India Company for freight, which they would otherwise have detained. Lord ELLENBOBOUGH. If the Plaintiff, dealing with White separately, has adopted him, he has discharged the others, and must have a verdict against him : it was not necessary there should have been a receipt.
Page 20 - ... in the said Court of Requests, then and in every such case, the Plaintiff or Plaintiffs in such action or suit shall not, by reason of -a verdict for him, her, or them, or otherwise have or be entitled to any costs whatsoever...
Page 3 - That there should have been a special count, inasmuch as the right to these costs by the Plaintiff was not so apparent. The Plaintiff might have defended the action of his own wrong, and without any authority from the Defendant. If he had done so, he...

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