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 100
Page 25
... plaintiff , who complains of an injury done ; the reus , or defendant , who is called upon to make fatisfaction for it ; and the judex , or judicial power , which is to examine the truth of the fact , to determine the law arifing upon ...
... plaintiff , who complains of an injury done ; the reus , or defendant , who is called upon to make fatisfaction for it ; and the judex , or judicial power , which is to examine the truth of the fact , to determine the law arifing upon ...
Page 36
... plaintiff of his full cofts , was alfo meant to pre- vent vexation by litigious plaintiffs ; who , for purposes of mere oppreffion , might be inclinable to inftitute fuits in the fuperior courts for injuries of a trifling value . The ...
... plaintiff of his full cofts , was alfo meant to pre- vent vexation by litigious plaintiffs ; who , for purposes of mere oppreffion , might be inclinable to inftitute fuits in the fuperior courts for injuries of a trifling value . The ...
Page 100
... plaintiff's anfaver upon oath , and may from thence proceed to proofs as well as his antagonist . The canonical doctrine of purgation , whereby the parties were obliged to anfwer upon oath to any matter , however criminal , that might ...
... plaintiff's anfaver upon oath , and may from thence proceed to proofs as well as his antagonist . The canonical doctrine of purgation , whereby the parties were obliged to anfwer upon oath to any matter , however criminal , that might ...
Page 107
... plaintiff to feign that a contract , really made at sea , was made at the royal exchange , or other inland place , in order to draw the cognizance of the fuit from the courts of admiralty to thofe of Westminster- hall P. This the ...
... plaintiff to feign that a contract , really made at sea , was made at the royal exchange , or other inland place , in order to draw the cognizance of the fuit from the courts of admiralty to thofe of Westminster- hall P. This the ...
Page 122
... plaintiff's whole cafe or caufe of complaint is fet forth at length in the original writ . For though in general there are me- thods prefcribed and forms of actions previously fettled , for redreffing those wrongs which moft ufually ...
... plaintiff's whole cafe or caufe of complaint is fet forth at length in the original writ . For though in general there are me- thods prefcribed and forms of actions previously fettled , for redreffing those wrongs which moft ufually ...
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...