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A Treatise on the Rules for the Selection of the Parties to an Action
Albert Venn Dicey
Úplné zobrazení - 1876
action actual administrator agent agreement appears apply arises assignee authority Bank bankrupt bankruptcy benefit bill bound breach of contract bring an action brought cause Chapter circumstances claim committed common Compare consideration considered contract corporation course court covenant damage death debts due deceased defendant duty effect employed entered entitled equity example Exception executor existence express fact firm give given ground hand held husband Ibid infant injury interest join joint jointly judgment land liable maintain marriage master nature necessary negligence owner Partnership party passes perform person plaintiff Pleadings possession principal promise question Rail reason received recover representatives respect responsible result right of action rule separate servant set-off Smith statute sued suit term thing tort trespass trover trustee unless wife wrong
Strana 429 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another ; therefore, it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.
Strana 466 - With respect to the question whether a principal is answerable for the act of his agent in the course of his master's business, and for his master's benefit, no sensible distinction can be drawn between the case of fraud and the case of any other wrong.
Strana 217 - ... an account shall be taken of what is due from the one party to the other in respect of such mutual dealings, and the sum due from the one party shall be set off against any sum due from the other party, and the balance of the account, and no more, shall be claimed or paid on either side respectively...
Strana 398 - I think that what was said in the case of Marshall v. The York, Newcastle and Berwick Railway Company (7) was quite correct. It was there laid down that the right which a passenger by railway has to be carried safely, does not depend on his having made a contract, but that the fact of his being a passenger casts a duty on the company to carry him safely...
Strana 333 - ... inserting the name of the bankrupt, and by that name may in any part of the British dominions or elsewhere hold property of every description, make contracts, sue and be sued, enter into any engagements binding on himself and his successors in office, and do all other acts necessary or expedient to be done in the execution of his office.
Strana 192 - In every case of a judicial separation the wife shall, whilst so separated, be considered as a feme sole for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil proceeding...
Strana 472 - ... all put in. The act of opening it was the act of the employer, though done through the agency of the coal merchant ; and the defendant, having thereby caused danger, was bound to take reasonable means to prevent mischief. The performance of this duty he omitted ; and the fact of his having entrusted it to a person who also neglected it, furnishes no excuse, either in good sense or law.
Strana 510 - These are to will and command you, or such of you as deny the alleged title, within sixteen days after service hereof, to appear in our court of to defend the said property, or such part thereof as you may be advised ; in default whereof judgment may be signed, and you turned out of possession.