Commentaries on the Laws of England: In Four Books, Volume 3A. Strahan and W. Woodfall, law-printers to the King, 1791 - Law |
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Page 105
... evidence of families , descents , and coat - armour ) that , though formerly fome credit has been paid to their testimony , now even their common feal will not be received as evidence in any court of juftice in the kingdom . But their ...
... evidence of families , descents , and coat - armour ) that , though formerly fome credit has been paid to their testimony , now even their common feal will not be received as evidence in any court of juftice in the kingdom . But their ...
Page 140
... evidence of mar- riage . 3. The third injury is that of beating a man's wife or otherwife ill - ufing her ; for which , if it be a common af- fault , battery , or imprisonment , the law gives the usual re- medy to recover damages , by ...
... evidence of mar- riage . 3. The third injury is that of beating a man's wife or otherwife ill - ufing her ; for which , if it be a common af- fault , battery , or imprisonment , the law gives the usual re- medy to recover damages , by ...
Page 152
... evidence , that in the plaintiff's own opinion the defendant was worthy of credit . But for this reafon the action itself is of late much difufed , and has given place to the action of trover , THIS action of trover and converfion , was ...
... evidence , that in the plaintiff's own opinion the defendant was worthy of credit . But for this reafon the action itself is of late much difufed , and has given place to the action of trover , THIS action of trover and converfion , was ...
Page 153
... evidence of a converfion " . The fact of the finding , or tro- ver , is therefore now totally immaterial : for the plaintiff needs only to fuggeft ( as words of form ) that he lost such goods , and that the defendant found them : and ...
... evidence of a converfion " . The fact of the finding , or tro- ver , is therefore now totally immaterial : for the plaintiff needs only to fuggeft ( as words of form ) that he lost such goods , and that the defendant found them : and ...
Page 164
... evidence which the plaintiff may be able to produce . Wherefore actions of account , to compel a man to bring in and fettle his accounts , are now very seldom ufed ; though , when an account is once ftated , nothing is more common than ...
... evidence which the plaintiff may be able to produce . Wherefore actions of account , to compel a man to bring in and fettle his accounts , are now very seldom ufed ; though , when an account is once ftated , nothing is more common than ...
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...