Reports of Cases Argued and Determined in the Ecclesiastical Courts at Doctors' Commons: Hilary term, 1822-Trinity term, 1823

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W. M'Dowall, 1823
 

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Page 268 - The king can do no wrong; which ancient and fundamental maxim is not to be understood, as if every thing transacted by the government was of course just and lawful, but means only two things. First, that whatever is exceptionable in the conduct of public affairs, is not to be imputed to the king, nor is he answerable for it...
Page 267 - Hence it is, that no suit or action can be brought against the king, even in civil matters, because no court can have jurisdiction over him. For all jurisdiction implies superiority of power : authority to try would be vain and idle, without an authority to redress ; and the sentence of a court would be contemptible, unless that court had power to command the execution of it : but who, says Finch°, shall command the king?
Page 464 - ... during the term of her natural life, if she shall so long continue my widow...
Page 269 - The former is of use, where the king is in full possession of any hereditaments or chattels, and the petitioner suggests such a right as controverts the title of the crown, grounded on facts disclosed in the petition itself...
Page 28 - Party so under Age, lawfully appointed, or one of them, and in case there shall be no such Guardian or Guardians, then of the Mother (if living and unmarried) or if there shall be no Mother living and unmarried, then of a Guardian or Guardians appointed by the Court of Chancery, shall be absolutely null and void, to all intents and purposes whatsoever...
Page 469 - ... the special purpose thereof, three days at the least before the day to be appointed for holding such vestry, by the publication of such notice in the parish church or chapel, on some Sunday, during or immediately after divine service, and by 1831. affixing the same, fairly written or printed, on the principal door of such church or chapel.
Page 269 - THE common law methods of obtaining possession or restitution from the crown, of either real or personal property, are, 1. By petition de droit, or petition of right : which is said to owe its original to king Edward the first *. 2.
Page 268 - ... prejudicial to the commonwealth, or a private person, the law will not suppose the king to have meant either an unwise or an injurious action, but declares that the king was deceived in his grant ; and thereupon such grant is rendered void...
Page 423 - If, however, it should appear that even misconduct on the wife's part has produced a return from the husband wholly unjustified by the provocation, and quite out of proportion to the offence, it might still be the duty of the Court to interfere judicially, notwithstanding such, the wife's positive misconduct.
Page 257 - In case of our royal demise, we give and bequeath to Olive, our brother of Cumberland's daughter, the sum of...

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