Report of Cases Argued and Determined in the English Courts of Common Law Volume 45 epub
Report of Cases Argued and Determined in the English Courts of Common Law Volume 45 epub

Report of Cases Argued and Determined in the English Courts of Common Law Volume 45 by Books Group

Report of Cases Argued and Determined in the English Courts of Common Law Volume 45
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Author: Books Group
Number of Pages: 294 pages
Published Date: 10 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781231197639
File size: 22 Mb
File Name: Report.of.Cases.Argued.and.Determined.in.the.English.Courts.of.Common.Law.Volume.45.pdf
Download Link: Report of Cases Argued and Determined in the English Courts of Common Law Volume 45
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 Excerpt: ...We think that, under this count, he could not. It is framed upon the statute of Marlbridge, (a) and pursues the same form as was used in similar actions before the landlord was at liberty to sell the distress under 1 stat. 2 W. 81 M. c. 5. Previously to that act, a sale of the goods would have made the defendant a trespasser ab initio; no allusion to the sale was therefore made in the count; and clearly no damages could be reco vered for it in an action on the case. That statute having authorized a, sale, we do not say that damages for the 'sale might not be reco499... vered under a count for an excessive distress, if proper averments were introduced with respect to the sale; but, in the absence of any such averments, we think that the damages must be limited, as the learned judge held at the trial: and this rule must be discharged. " Rule discharged. The QUEEN v. The Inhabitants of BARNOLDSWICK. To charge a township with liability by custom to repair all highways within it which would otherwise he repairable by the comprising such townsw. it is not necessary to prove that there am or have been ancient highways in the township. ithout such proof, a jury may infer the custom from other evidence. As, that the parish consists of five tovmships, one of which is the township in question: that four have always repaired their own higliwamg that no surveyor has ever been appointed for the parish; and that the township in question repaired a highway htcly formed within it. INDICTMENT against a parish for non-repa-ir of a highway. Plea: that the said parish of Barnoldswick now is, and at the time of the taking of the said inquisition was, and from time whereof, &c., hath been, divided into divers, to wit, five districts and diflerent townships, one wher...

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