Commentaries on the Laws of England: In Four Books, Volume 3A. Strahan and W. Woodfall, law-printers to the King, 1791 - Law |
From inside the book
Results 1-5 of 59
Page 23
... directed against the very person him- felf who seeks relief . In all other cafes it is a general and indifputable rule , that where there is a legal right , there is alfo a legal remedy , by fuit or action at law , whenever that right ...
... directed against the very person him- felf who seeks relief . In all other cafes it is a general and indifputable rule , that where there is a legal right , there is alfo a legal remedy , by fuit or action at law , whenever that right ...
Page 28
... directed by a decree of the fenate not to exceed in cafe ten thousand a Cod . 2. 7. 13 . a Pre - audience in the courts is rec- koned of fo much confequence , that it may not be amifs to fubjoin a fhort table of the precedence which ...
... directed by a decree of the fenate not to exceed in cafe ten thousand a Cod . 2. 7. 13 . a Pre - audience in the courts is rec- koned of fo much confequence , that it may not be amifs to fubjoin a fhort table of the precedence which ...
Page 36
... directed to make affidavit that the cause of action does really and bona fide amount to 40 s ; which affidavit is now unaccountably difufed , except in the court of exchequer . The ftatute alfo 43 Eliz . c . 6. which gives the judges in ...
... directed to make affidavit that the cause of action does really and bona fide amount to 40 s ; which affidavit is now unaccountably difufed , except in the court of exchequer . The ftatute alfo 43 Eliz . c . 6. which gives the judges in ...
Page 46
... directed , by what is called the ftatute of Rutland ' , to be confined to fuch matters only , as fpecially concern the king or his minifters of the ex- chequer . And by the articuli fuper cartas m it is enacted , that no common pleas be ...
... directed , by what is called the ftatute of Rutland ' , to be confined to fuch matters only , as fpecially concern the king or his minifters of the ex- chequer . And by the articuli fuper cartas m it is enacted , that no common pleas be ...
Page 51
... directed to the courts of common law , to give remedy in cafes where none was before administered . And to quicken the diligence of the clerks in the chancery , who were too much attached to antient precedents , it is provided by ...
... directed to the courts of common law , to give remedy in cafes where none was before administered . And to quicken the diligence of the clerks in the chancery , who were too much attached to antient precedents , it is provided by ...
Common terms and phrases
action affife aforefaid againſt alfo alſo anſwer antient appear arifing becauſe cafe caſe caufe cauſe chancery Charles Long cofts cognizance commiffion common law common pleas confequence conftitution courſe court of equity damages debt defendant deforcement detinue diffeifin diftreined diſtreſs ecclefiaftical Edward Coke Eliz entry eſtabliſhed faid faid Charles faid Richard faid William fame fatisfaction fecond fhall fheriff fhew fhould fince Finch firſt fome fpecies freehold ftatute ftill fubject fuch fufficient fuit fummon hath himſelf iffue impriſonment Inft injury itſelf judges judgment juftice jurifdiction jurors jury king's bench lands Litt lord the king moſt muſt nufance obferved otherwife party perfon plaintiff plead poffeffion prefent procefs profecution purpoſe queſtion reafon recover redrefs refpect remedy ſhall ſpecial ſpecies ſtated ſuch tenant thefe themſelves theſe thofe thoſe trefpafs treſpaſs trial ufually unleſs uſe uſually verdict Weſtminſter wherein William Kent writ of right
Popular passages
Page 313 - And when he that denies or traverses the fact pleaded by his antagonist has tendered the issue, thus, "and this he prays may be inquired of by the country;" or, " and of this he puts himself upon the country ;" it may immediately be subjoined by the other party, " and the said AB doth the like.
Page 340 - Then shall an oath of the LORD be between them both, that he hath not put his hand unto his neighbour's goods; and the owner of it shall accept thereof, and he shall not make it good.
Page 2 - ... or the rights of persons; or they are, secondly, such as a man may acquire over external objects, or things unconnected with his person, which are styled " jura rerum,
Page 350 - ... that he cause to come here, on such a day, twelve free and lawful men, liberos et legales homines, of the body of his county, by whom the truth of the matter may be better known, and who are neither of kin to the aforesaid A nor the aforesaid B, to recognize the truth of the issue between the said parties.
Page 159 - Evidence, therefore, of the agreement cannot be received without the writing or secondary evidence of its contents : 1. An agreement that by its terms is not to be performed within a year from the making thereof ; 2.
Page 130 - Such is, lastly, the common writ ad faciendum ct recipiendum, which issues out of any of the courts of Westminster hall, when a person is sued in some inferior jurisdiction, and is desirous to remove the action into the superior court; commanding the inferior judges to produce the body of the defendant, together with the day and cause of his caption and detainer (whence the writ is frequently denominated an habeas corpus cum causa) to do and receive whatsoever the king's court shall consider in that...
Page 28 - A custom has of late years prevailed of granting letters patent of precedence to such barristers, as the crown thinks proper to honour with that mark of distinction : whereby they are entitled to such rank and pre-audience as are assigned in their respective patents ; sometimes next after the king's attorneygeneral, but usually next after his majesty's counsel then being.
Page 377 - ... the state, their decisions, in spite of their own natural integrity, will have frequently an involuntary bias towards those of their own rank and dignity ; it is not to be expected from human nature, that the few should be always attentive to the interests and good of the many.
Page 109 - I am next to consider such injuries as are cognizable by the courts of the common law. And herein I shall for the present only remark that all possible injuries whatsoever that did not fall within the exclusive cognizance of either the ecclesiastical, military or maritime tribunals, are for that very reason within the cognizance of the common law courts of justice; for it is a settled and invariable...