Irish Common Law Reports; Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, Exchequer, Exchequer Chamber, and Court of Criminal Appeal ... Volume 10

Irish Common Law Reports; Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, Exchequer, Exchequer Chamber, and Court of Criminal Appeal ... Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1861 edition. Excerpt: ... way across the land of the plaintiff-and further than that it cannot be pushed-1 yet that gives him no right to run across the land of the plaintiff with his waggons, without any selection of time, place or opportu nity, and regardless of all care or consequences. Suppose a person Information, in the nature of u. qua warnznto, will not be granted to try by what title a party exercises the oflice of Mayor of a. borough, where the ground of such application is s. defect in the title of those who have elected him Mayor.---HAYEB, J., dissentiente. has a right of way across my field, and my cattle happen to be upon that way, could it be contended for a moment that he can, therefore, kill or injure my cattle with impunity? The defendant should have said that he used the road across the Railway with reasonable care. Instead of doing that, he says that the plaintiff 's carriages were upon the Railway unnecessarily, and without proper cause. That, how-ever, is no reason why the defendant should run into and break those carriages, while on the plaintii'l"s own land. He should have alleged that he had taken reasonable care, and that, notwithstanding, the collision could not be avoided ', but that he has not done. This defence is, therefore, defective in substance, and the demurrer must be allowed. i THE QUEEN, at the relation of HENRY LYONS, v. JOHN M'CARTHY." QUO WABBAN'r0.---Ilfacdonoglz, on the 7th of May 1859, Obtained 1' conditional order that the said Henry Lyons should be at liberty to file an information, in the nature of a quo warranto, against the said John M'Carthy, to show by what authority he claimed to use and exercise the otfice of Mayor of the borough of Sligo; on the ground that the election of the...show more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236882407
  • 9781236882400