Reports of Cases Argued and Determined in the Court of King's Bench ... and in the Bail Court: With a Table of the Names of Cases and a Digest of the Principal Matters, Volumen2Henry Butterworth, 1837 |
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Términos y frases comunes
act of parliament action affidavit afterwards agreement appears application appointed arbitrator assumpsit attorney attornment authority award Bail Court Barn bill certiorari churchwardens circumstances claim clerk COLERIDGE commissioners contract costs debt declaration deed defendant delivered demurrer Dowl election entered entitled evidence execution fact fendant feoffment given granted ground held Inclosure Act indictment Inhabitants issue Jonah Smith judge judgment jurisdiction jury justices KING King's Bench land lease lessor liable LITTLEDALE Lord DENMAN mandamus matter ment nonsuit notice objection obtained opinion overseers paid parish party PATTESON pauper payment person plaintiff plea pleaded possession premises present proceedings proved Quarter Sessions quashed question recover referred refused rent repair replevin respect Rule absolute Rule discharged rule nisi sessions sheriff shew cause statute Statute of Frauds sufficient taken tenant term tion tithes trial trustees verdict vestry warrant WILLIAMS words writ
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Página 463 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Página 384 - Act, such person shall be at liberty to make his complaint thereof by appeal to the Justices of the Peace at the next general or quarter sessions of the Peace to be held for the county, riding, division, or place wherein the cause of such complaint shall arise, such appellant first giving to such Justices ten days...
Página 54 - I am afraid of such a precedent. If this action could be maintained I know not what cause of action could ever be at rest. After a recovery by process of law there must be an end of litigation, otherwise there would be no security for any person.
Página 63 - That in all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Página 211 - Act have been adverse to the Right or Title of the Person claiming to be entitled thereto, then such Person, or the Person claiming through him, may, notwithstanding the Period of Twenty Years herein-before limited shall have expired, make an Entry or Distress, or bring an Action to recover such Land or Interest, at any Time within Five Years next after the passing of this Act.
Página 469 - We agree in the general principle adopted by the court that, where a restraint of a party from carrying on a trade is larger and wider than the protection of the party with whom the contract is made can possibly require, such restraint must be considered as unreasonable in law, and the contract which would enforce it must be therefore void.
Página 104 - CD ; and if, within the space of days next after the making of such, distress, the said last-mentioned sum, together with the reasonable charges of taking and keeping the said distress shall not be paid, that then you do sell the said goods...
Página 220 - Peace, which shall first happen, and to abide the Order of and pay such Costs as shall be awarded by the Justices at such Quarter Sessions...
Página 211 - ... when the person claiming such land or rent, or the person through whom he claims, shall have become entitled by reason of any forfeiture or breach of condition, then such right shall be deemed to have first accrued when such forfeiture was incurred or such condition was broken.
Página 469 - The good-will of a trade is a subject of value and price. It may be sold, bequeathed, or become assets in the hands of the personal representative of a trader. And, if the restriction as to time is to be held to be illegal, if extended beyond the period of the party by himself carrying on the trade, the value of such good will, considered in those various points of view, is altogether destroyed.