 Certainty to a certain intent in general is a higher degree than the last and means what, upon a fair and reasonable construction, may be called certain without recurring to possible facts which do not appear...  Cases in the Exchequer - Page 148by EDWARD YOUNGE, JOHN JERVIS - 1829Full view - About this book
 | Joseph Chitty - Parties to actions - 1809 - 550 pages
...Certainty to a certain intent in general is a greater degree of certainty than the last, and means what upon a fair and reasonable construction may be...without recurring to possible facts which do not appear, and is whtit is required in declarations, replications, and indictments in the charge or accusation,... | |
 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1813 - 496 pages
...which is necessary in estoppels. The second of those sorts is all that is requisite here, and I take it to mean, what, upon a fair and reasonable construction,...recurring to possible facts, which do not appear. Before the cases of Lord Bruce and Richardson, it was thought necessary, to state the power to be in... | |
 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1813 - 496 pages
...is necessary in estoppels. The second of those sorts is all that is requisite he-re, and I take it to mean, what, upon a fair and reasonable construction, may be called certain, without recurring to possibfe facts, which do not appear. Before the cases of Lord l$ruce and Richardson, it was thought... | |
 | Anthony Hammond - Law reports, digests, etc - 1819 - 618 pages
...Certainty to a, certain intent in general, defined. Certainty to a certain intent in general, means, what, upon a fair and reasonable construction, may...called certain, without recurring to possible facts. Dougl. 1 59. (c) Certainty to a common intent, when sufficient. Certainty to a common intent is sufficient... | |
 | Joseph Chitty - Forms (Law) - 1819 - 544 pages
...Certainty to a certain intent in general is a greater degree of certainty than the last, and means what upon a fair and reasonable construction may be called certain, without recurring to possible fuels26 which do not appear, and is what is required in declarations," replications, and indictmenis... | |
 | Sir John Comyns - Digests, etc - 1822 - 604 pages
...defence ; the first is required in a charge. Cowp. 682. Certainty to a certain intent in general means, what, upon a fair and reasonable construction, may...called certain, without recurring to possible facts. Dougl. 159. Certainty to a common intent is sufficient in pleas in bar. Ibid. 158. Certainty to a certain... | |
 | United States. Supreme Court - Courts - 1823 - 756 pages
...to a common intent," or, at most, " certainty to a certain intent in general ;" by which is meant, what, upon a fair and reasonable construction, may...without recurring to possible facts, which do not appear This species of certainty is sufficient in all declarations, replications, and even indictments. If... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - Law reports, digests, etc - 1828 - 878 pages
...certain intent in every particular, which is necessary in estoppels. The second of those sorts I take to mean, what, upon a fair and reasonable construction,...recurring to possible facts, which do not appear." Although mere hypothetical notions are not to be introduced, yet here, the declaration is such as on... | |
 | Great Britain. Court of Exchequer, Edward Younge, Sir John Jervis - Law reports, digests, etc - 1829 - 682 pages
...the finding of the Jury. What certainty is required in a declaration, is clearly stated by Buller, J., in the case of Rex v. Lyme Regis (a), and is defined...effect of the verdict of a Jury is thus defined by alearned commentator (6): — "where there is any defect, imperfection, or omission in any pleading,... | |
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