Reports of Cases Argued and Adjudged in the Court of King's Bench: During the Time Lord Mansfield Presided in that Court; from Michaelmas Term, 30 Geo. II. 1756, to Easter Term, 12 Geo. III. 1772, Volume 1W. Clarke, 1812 - Law reports, digests, etc |
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Common terms and phrases
2dly act of bankruptcy act of parliament action admitted aforesaid alledged amotion appears assignment award bankrupt Bishop Bishop of Ely bye-law certiorari cited common law common recovery copyhold counsel court Dacres declaration deed defendant defendant's DENISON devise disseisin distress Durn Earle ejectment election Eliz estate tail execution executors feoffment freehold given grant heir holden indictment intent issue John judge judgment jury justice of peace justices Keton land lease lessor Lord Mansfield mandamus manor mayor ment messuage objection opinion parish party person plaintiff plea pleaded possession premises present quashed question Raym reason remainder repleader REX versus Richard Lloyd rule Salk scire facias seised seisin sheriff shew cause Sir R. A. Sir Robert Atkyns Slader statute sufficient taken tenant in tail term testator Thomas tion town or borough trade trial verdict words writ
Popular passages
Page 342 - ... until the same be there discharged and safely landed. And it shall be lawful for the said ship, &c, in this voyage, to proceed and sail to and touch and stay at any ports or places whatsoever without prejudice to this insurance.
Page 342 - Upon any kind of goods and merchandises, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture, of and in the good ship or vessel called the whereof is master under God, for this present voyage, or whosoever else shall go for master in the said ship...
Page 457 - LORD MANSFIELD now delivered the resolution of the court. After ' stating the case at large, he declared that at the trial he had no sort of doubt but that this action was well brought, and would lie against the defendant in the present case, upon the general course of business, and from the consequences to trade and commerce, which would be much incommoded by a contrary determination.
Page 457 - But the whole i'allacy of the argument turns upon comparing bank notes to what they do not resemble, arid what they ought not to be compared to, riz. to goods, or to securities, or documents for debts. Xoivthry are not goods, not securities, nor documents • for debts, nor are so esteemed : but are treated as money, as cash, in the ordinary course and transaction of business, by the general consent of mankind ; which gives them the credit and currency of money, to ALL intents and purposes.
Page 149 - Court to be holden for the purpose of the election shall be present, according to the form of the statutes in that case made and provided...
Page 30 - In form it (ie the trover) is a fiction ; in substance it is a remedy to recover the value of personal chattels wrongfully converted by another to his own use...
Page 367 - ALSO, That the Defendant or Defendants shall upon such Judgment be awarded his her or their Costs in any Action or Suit where he she or they would upon Nonsuit be entitled to the same, and in no other Action or Suit whatsoever.
Page 601 - Correction, there to be kept to hard labour for any time not exceeding three calendar months...
Page 459 - A bank-note is constantly and universally, both at home and abroad, treated as money, as cash, and paid and received as cash; and it is necessary, for the purposes of commerce, that their currency should be established and secured.
Page 601 - ... in any parish, township or place from whence he or she shall have been legally removed by order of two Justices of the Peace, unless he or she shall produce a certificate of the churchwardens and overseers of the poor of some other parish, township or place thereby acknowledging him or her to be settled in such other parish, township or place...