A Digest of the Law of Actions and Trials at Nisi Prius, Volume 2A. Strahan, 1812 |
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A Digest of the Law of Actions and Trials at Nisi Prius, Volume 2 Isaac 'Espinasse Affichage du livre entier - 1812 |
Expressions et termes fréquents
act of bankruptcy action againſt adjudged admiffible admitted affidavit affignees againſt amotion anſwer arreft bailiff bankrupt becauſe bill brought Bull Burr cafe caſe caufe cauſe commiffion converfion copy corporation Court Cowp creditor damages debt declaration deed defendant defendant's depofitions Dougl Eaft eftate election Eliz eſcape execution faid fale fame fervant fhall fheriff fhew fhip fhould firſt flander fome fpecial ftat ftate ftatute fuch fued fufficient fuit fupport fworn given in evidence granted held himſelf houſe huſband ibid iffue indictment injury intereft itſelf judgment Juft juftice jury liable libel loft Lord Lord Kenyon Lord Mansfield mandamus matter Mayor muſt N. P. Caf neceffary party peremptory mandamus perfon plaintiff pleaded poffeffion prefent prifoner profecution prove purpoſe queftion quo warranto reafon refpecting refufed refuſed rule Salk ſhall Stra ſuch thefe themſelves theſe thoſe trade trover unleſs uſed verdict witneſs words writ
Fréquemment cités
Page 30 - Jury may give a general verdict of guilty or not guilty upon the whole matter put in issue, and shall not be required or directed by the Court or Judge to find the defendant guilty merely on the proof of the publication by the defendant of the paper charged to be a libel, and of the sense ascribed to the same in the indictment or information...
Page 29 - ... upon the whole matter in issue : " BE IT THEREFORE DECLARED AND ENACTED, that, On every Such trial, the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue...
Page 139 - ... necessary to be given. Though the not giving notice will be a strong presumption against the buyer, that the horse at the time of the sale had not the defect complained of, and will make the proof on his part much more difficult. The bargain is complete, and if it be fraudulent on the part of the seller, he will be liable to the buyer in damages, without either a return or notice.
Page 145 - J., said, that where a house has been built forty years, and has had lights at the end of it, if the owner of the adjoining ground builds against them so as to obstruct them, an action lies; and this is founded on the same reason as when they have been immemorial, for this is long enough to induce a presumption that there was originally some agreement between the parties...
Page 114 - ... apartments : at the top of the stairs was a door across that part of the gallery which led to the chamber where the plaintiff was : the under part of the house was in stables. The...
Page 281 - ... meant only deeds. But it was holdea that though a parol leafe for three years is good, yet if a man through caution will reduce it into writing, he muft pay for the (lamp, otherwife the court are inhibited from receiving it in evidence.
Page 134 - If the pawn is of such a nature, that the keeping is a charge to the pawnee, as, if it is a cow or a horse, there the pawnee may milk the cow and use the milk, and ride the horse...
Page 140 - Cafe it will be fufficient for the Buyer to prove them the Goods of another, without proving that the Defendant knew them to be fo ; (for it need not be averred in the Declaration) for the Deceit...
Page 70 - Aft were doubtful, the going abroad and dealing will be an Evidence to explain the Intent of the firft...
Page 146 - A parol license to put a sky-light over the defendant's area (which impeded the light and air from coming to the plaintiff's dwelling-house through a window) cannot be recalled at pleasure after it has been executed at the defendant's expense, — at least not without tendering the expenses he had been put to; and therefore no action lies as for a private nuisance in stopping the light and air, &c. and communicating...