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
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Page
... , Of PLEADING . 293 CHAP . XXI . Of ISSUE and DEMURRER , CHAP . XXII . 314 Of the feveral SPECIES of TRIAL . 325 .CHAP . XXIII . Of the TRIAL by JURY . 349 ON THE LAWS OF ENGLAND . BOOK THE THIRD . CO N. T E N T S .:
... , Of PLEADING . 293 CHAP . XXI . Of ISSUE and DEMURRER , CHAP . XXII . 314 Of the feveral SPECIES of TRIAL . 325 .CHAP . XXIII . Of the TRIAL by JURY . 349 ON THE LAWS OF ENGLAND . BOOK THE THIRD . CO N. T E N T S .:
Page 90
... issue out of the temporal courts to stop all fuits concerning them . As where a fee was demanded by the minifter of the parish for the baptism of a child , which was administered in another place ; this , however authorized by the canon ...
... issue out of the temporal courts to stop all fuits concerning them . As where a fee was demanded by the minifter of the parish for the baptism of a child , which was administered in another place ; this , however authorized by the canon ...
Page 192
... issue upon which his reverfion takes place . This lay at common law , before the ftatute de donis , if the donee aliened before he had performed the condition of the gift , by having iffue , ' and afterwards died without any1 . The time ...
... issue upon which his reverfion takes place . This lay at common law , before the ftatute de donis , if the donee aliened before he had performed the condition of the gift , by having iffue , ' and afterwards died without any1 . The time ...
Page 255
... issues as of course , in the king's own name , his orders to his judges to do justice to the party aggrieved . THE diftance between the fovereign and his fubjects is fuch , that it rarely can happen that any personal injury can imme ...
... issues as of course , in the king's own name , his orders to his judges to do justice to the party aggrieved . THE diftance between the fovereign and his fubjects is fuch , that it rarely can happen that any personal injury can imme ...
Page 279
... issues , pending the fuit , upon some collateral interlocutory matter ; as to fummon juries , witnesses , and the like . Mefne procefs is alfo fometimes put in contra- diftinction to final procefs , or process of execution ; and then it ...
... issues , pending the fuit , upon some collateral interlocutory matter ; as to fummon juries , witnesses , and the like . Mefne procefs is alfo fometimes put in contra- diftinction to final procefs , or process of execution ; and then it ...
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...