The Law and Science of Ancient Lights

The Law and Science of Ancient Lights

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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. 1871 edition. Excerpt: ...upon and the expense incurred, could not be recalled, and the defendant made a wrong-doer; at least, not without putting him in the same situation as before, by offering to pay all the expenses which had been incurred in consequence of it. And under this direction the de-. fendant' obtained a verdict. On a motion for a new trial, his Lordship said, " That the point was new to him when it occurred at the trial, (a) In the case of Da/vies v. Marshall (10 C. B., N. S. 697; 31 L. J., C. P. 61), Williams, J., said the authority of Winter v. Broclnvell was not shaken by any more recent decisions. but he then thought it very unreasonable, that after a party had been led to incur expense in consequence of having a licence from another to do an act, and the licence had been acted upon, that the other should be permitted to recall his licence, and treat the first as a trespasser for having done 'that very act. That he afterwards looked into the books upon this point, and found himself justified by the case of Webb v. Paternoster, where Haughton, J., lays down this rule, that a licence executed is not countermandable, but only where it is executory. And here the licence was executed." The motion for a new trial was refused. Abandonment; acquiescence.---'l'he right of light may be also extinguished by abandonment. Mere interruption of the enjoyment from 'temporary causes may be explained, but where there has been such a non--user, as in the opinion of a jury, indicates yadefinite intention to relinquish the windows, thefriglilfi.15_ gone. The material facts in Mo'o"re"v. Rawson (3 B. & C. 332; 3 L. J., K. B. 32) were these: The plaintiffhad possessed a weaver's shop, in which were ancient windows....
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Product details

  • Paperback | 40 pages
  • 189 x 246 x 2mm | 91g
  • United States
  • English
  • black & white illustrations
  • 1236924150
  • 9781236924155