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 17
Page 13
... suit at law , and , if that be determined against him , to return the cattle or goods once more into the hands of the diftreinor . This is called a replevin , of which more will be faid hereafter . At present I shall only observe , that ...
... suit at law , and , if that be determined against him , to return the cattle or goods once more into the hands of the diftreinor . This is called a replevin , of which more will be faid hereafter . At present I shall only observe , that ...
Page 19
... suit in equity ) may agree , that their fubmiflion of the fuit to ar- bitration or umpirage shall be made a rule of any of the king's courts of record , and may infert fuch agreement in their fubmiffion , or promife , or condition of ...
... suit in equity ) may agree , that their fubmiflion of the fuit to ar- bitration or umpirage shall be made a rule of any of the king's courts of record , and may infert fuch agreement in their fubmiffion , or promife , or condition of ...
Page 51
... suits , that by " colour of equity , or fupplication made " to the prince , might be brought be- " fore him but originally and proper- ❝ly all poor men's fuits , which were made to his majesty by fupplication ; " and upon which they ...
... suits , that by " colour of equity , or fupplication made " to the prince , might be brought be- " fore him but originally and proper- ❝ly all poor men's fuits , which were made to his majesty by fupplication ; " and upon which they ...
Page 83
... chancellor's courts in the two univerfities of England . Which two learned kodies enjoy the fole jurifdiction , in exclufion of the king's F 3 courts , courts , over all civil actions and suits whatsoever , Ch . 6 . 83 WRONG S.
... chancellor's courts in the two univerfities of England . Which two learned kodies enjoy the fole jurifdiction , in exclufion of the king's F 3 courts , courts , over all civil actions and suits whatsoever , Ch . 6 . 83 WRONG S.
Page 84
... suits whatsoever , when a fcholar or privileged perfon is one of the parties ; excepting in fuch cafes where the right of freehold is concerned . And thefe by the univerfity charter they are at liberty to try and determine , either ...
... suits whatsoever , when a fcholar or privileged perfon is one of the parties ; excepting in fuch cafes where the right of freehold is concerned . And thefe by the univerfity charter they are at liberty to try and determine , either ...
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...