The Reports of that Reverend and Learned Judge, Sir Henry Hobart, Knight and Baronet, Lord Chief Justice of His Majesty's Court of Common Pleas ...

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Hilliard, Gray, Little, and Wilkins, 1829 - Law reports, digests, etc - 639 pages
 

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Page ii - District, has deposited in this office the title of a book, the right whereof he claims as proprietor, in the words following, to wit : " THE CHILD'S BOTANY," In conformity to the act of the Congress of the United States, entitled, " An act for the encouragement of learning by securing the copies of maps, charts, and books to the authors and proprietors of such copies, during the times therein mentioned...
Page 174 - COMPUTE the interest on the principal sum, from the time when the interest commenced to the first time when a payment was made, which exceeds either alone or in conjunction with the preceding payments (if any) the interest at that time due: add that interest to the principal, and from the sum subtract the payment made at that time, together with the preceding payments (if any) and the remainder forms a new principal ; on which, compute and subtract the interest, as upon the first principal: and proceed...
Page 287 - A parson may grant all the tithe wool that he shall have in such a year; yet perhaps he shall have none; but a man cannot grant all the wool that shall grow upon his sheep that he shall buy hereafter; for there he hath it neither actually nor potentially.
Page 505 - ... that the will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed...
Page 290 - ... no man shall be excused of a trespass (for this is the nature of an excuse, and not of a justification, prout ei bene licuit), except it may be judged utterly without his fault;' as if a man by force take my hand and strike you ; or if here the defendant had said that the plaintiff ran across his piece when it was discharging; or had set forth the case with the circumstances, so as it had appeared to the court that it had been inevitable, and that the defendant had committed no negligence to...
Page 391 - Askwith (Hobart, 234), which is in these words: "it is generally true, that the lessee hath no power to change the nature of the thing demised ; he cannot turn meadow into arable, nor stub a wood to make it pasture, nor dry up an...
Page 16 - ... and therefore a real warranty is a covenant real, when the freehold is brought in question. But when a lease is in question, or any other loss that doth not draw away the freehold, it may be used as a personal covenant, whereupon damages may be recovered, so it is both a real and personal covenant to several ends and respects.
Page 54 - It is said, the statute is like a tyrant, where he comes he makes all void, but the common law is like a nursing father, makes only void that part where the fault is, and preserves the rest.
Page 185 - ... otherwise if the whole cannot be struck out without getting rid of a part essential to the cause of action ; for...
Page 277 - But though the law does not, in general, allow of the fraction of a day, yet it admits it in cases where it is necessary to distinguish. And I do not see why the very hour of the day may not be so too, when it is necessary and can be done ; for it is not like a mathematical point, which cannot be divided.

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