The Irish Jurist, 第 14 卷E.J. Milliken, 1862 |
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常见术语和短语
Act of Parliament action affidavit aforesaid alleged amount annuity appears applied appointed arrears assigns authority bankrupt bankruptcy cause Chancery charge cited claim clause codicil Common Law conacre conditional order contended contract costs Court of Chancery court of equity covenant creditors debt deceased decided decision declaration decree deed defendant defendant's Denis O'Brien discharge entitled equity Estates Court evidence executed executors fact filed give given ground held intention interest Ireland issue James Sadleir John John Sadleir judge judgment jurisdiction jury Justice lands lease Lord Lord Chancellor marriage matter ment Monahan mortgage motion notice objection opinion owner paid parties payment person petition petitioner plaintiff plea pleaded possession present proceedings Protestant purchaser Quarter Sessions question referred rent respondent Roman Catholic Royse Sadleir settlement solicitor statute summons and plaint tenant thereof tion trial trustees verdict Vict wife William words
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第147页 - I think that where money is paid to another under the influence of a mistake, that is, upon the supposition that a specific fact is true, which would entitle the other to the money, but which fact is untrue, and the money would not have been paid if it had been known to the payer that the fact was untrue, an action will lie to recover it back.
第246页 - Lewellyn, by any deed or deeds, instrument or instruments in writing, with or without power of revocation, to be sealed and delivered by him in the presence of and attested by two or more credible witnesses...
第11页 - Judgment according as the very Right of the Cause and Matter in Law shall appear unto them, without regarding any Imperfection, Omission, Defect in or Lack of Form...
第259页 - ... as if the same had been originally given to him instead of to the Judge of the Court, and shall be entitled to recover thereon, as trustee for all persons interested, the full amount recoverable in respect of any breach of the condition of the said bond...
第211页 - Book" shall be construed to mean and include every Volume, Part or Division of a Volume, Pamphlet, Sheet of Letter-press, Sheet of Music, Map, Chart, or Plan separately published...
第159页 - ... will, a court may inquire into every material fact relating to the person, who claims to be interested under the will, and to the property, which is claimed as the subject of disposition, and to the circumstances of the testator and of his family and affairs ; for the purpose of enabling the court to identify the person or thing intended by the testator, or to determine the quantity of interest he has given by his will.
第159页 - For the purpose of determining the object of a testator's bounty, or the subject of disposition, or the quantity of interest intended to be given by his will, a Court may inquire into every material fact relating to the person, who claims to be interested under the will, and to the property, which is claimed as the subject of disposition and to the circumstances of the testator and of his family and affairs ; for the purpose of enabling the Court to identify the person or thing intended by the testator...
第363页 - The construction of all written instruments belongs to the Court alone, whose duty it is to construe all such instruments, as soon as the true meaning of the words in which they are couched, and the surrounding circumstances, if any, have been ascertained as facts by the jury : and it is the duty of the jury to take the construction from the Court, either absolutely, if there be no words to be construed as words of art, or phrases used in commerce, and no surrounding circumstances to be ascertained;...
第160页 - Now, there is but one case in which it appears to us that this sort of evidence of intention can properly be admitted, and that is, where the meaning of the testator's words is neither ambiguous nor obscure, and where the devise is on the face of it perfect and intelligible, but, from some of the circumstances admitted in proof, an ambiguity arises, as to which of the two or more things, or which of the two or more persons (each answering the words in the will), the testator intended to express.
第210页 - When it comes to a question of quantity, it must be very vague. One writer might take all the vital part of another's book, though it might be but a small proportion of the book in quantity. It is not only quantity, but value, that is always looked to. It is useless to refer to any particular cases as to quantity.