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 3
... happens , is chargeable upon him only who began the affray . For the law , in this cafe , refpects the paffions of the human mind ; and ( when external violence is offered to a man himself , or those to whom he bears a near connection ) ...
... happens , is chargeable upon him only who began the affray . For the law , in this cafe , refpects the paffions of the human mind ; and ( when external violence is offered to a man himself , or those to whom he bears a near connection ) ...
Page 4
... happens to find them ; fo it be not in a riotous manner , or attended with a breach of the peace . The rea- fon for this is obvious ; fince it may frequently happen that the owner may have this only opportunity of doing himself justice ...
... happens to find them ; fo it be not in a riotous manner , or attended with a breach of the peace . The rea- fon for this is obvious ; fince it may frequently happen that the owner may have this only opportunity of doing himself justice ...
Page 23
... happen being such , wherein the only possible legal remedy would be 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 ...
... happen being such , wherein the only possible legal remedy would be 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 ...
Page 32
... happened that these petty tribunals have fallen into decay , and almoft into oblivion : whether for the better or the worse , may be matter of some speculation ; when we confider on the one hand the increase of expenfe and delay , and ...
... happened that these petty tribunals have fallen into decay , and almoft into oblivion : whether for the better or the worse , may be matter of some speculation ; when we confider on the one hand the increase of expenfe and delay , and ...
Page 44
... happen , ac- cording to the nature of the fuit , and the manner in which it has been profecuted . VII . THE Court of exchequer is inferior in rank not only to the court of king's bench , but to the common pleas alfo ; but I have chofen ...
... happen , ac- cording to the nature of the fuit , and the manner in which it has been profecuted . VII . THE Court of exchequer is inferior in rank not only to the court of king's bench , but to the common pleas alfo ; but I have chofen ...
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...