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 159
... sufficient to ground an action upon , but at the leaft fome note or memorandum of it fhall be made in writing , and figned by the party to be charged therewith : 1. Where an executor or administrator promises to answer damages out of ...
... sufficient to ground an action upon , but at the leaft fome note or memorandum of it fhall be made in writing , and figned by the party to be charged therewith : 1. Where an executor or administrator promises to answer damages out of ...
Page 291
... sufficient bail to be put in and perfected above , he will himself be responsible to the plaintiff . THE bail above , or bail to the action , must be put in either in open court , or before one of the judges thereof ; or else , in the ...
... sufficient bail to be put in and perfected above , he will himself be responsible to the plaintiff . THE bail above , or bail to the action , must be put in either in open court , or before one of the judges thereof ; or else , in the ...
Page 314
... sufficient tref- pafs , then the defendant demurs to the declaration ; if , on the other hand , the defendant's excufe or plea be invalid , as if he pleads that he committed the trespass by authority from a stranger , without making out ...
... sufficient tref- pafs , then the defendant demurs to the declaration ; if , on the other hand , the defendant's excufe or plea be invalid , as if he pleads that he committed the trespass by authority from a stranger , without making out ...
Page 359
... sufficient to quash the array , when made by a perfon or officer of whofe partiality there is any tolerable ground of fufpicion . Alfo , though there be no personal ob- jection against the sheriff , yet if he arrays the panel at the ...
... sufficient to quash the array , when made by a perfon or officer of whofe partiality there is any tolerable ground of fufpicion . Alfo , though there be no personal ob- jection against the sheriff , yet if he arrays the panel at the ...
Page 383
... sufficient to keep them upright , the parties will grow fufpicious , and refort under various pretences to another mode of trial . The courts of law will therefore in tranfitory actions very often change the venue , or county wherein ...
... sufficient to keep them upright , the parties will grow fufpicious , and refort under various pretences to another mode of trial . The courts of law will therefore in tranfitory actions very often change the venue , or county wherein ...
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...