Eunomus: Or, Dialogues Concerning the Law and Constitution of England : With An Essay on Dialogue, Volume 2

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Page 225 - Till this happen, the profession of the law will scarce deserve to be ranked among the learned professions ; and whenever it happens, one of the vantage grounds, to which men must climb, is metaphysical, and the other historical knowledge.
Page 224 - But there have been lawyers that were orators, philosophers, historians : there have been Bacons and Clarendons, my lord. There will be none such any more, till in some better age, true ambition or the love of fame prevails over avarice ; and till men find leisure and encouragement to prepare themselves for the exercise of this profession, by climbing up to the vantage ground...
Page 132 - The jury having heard the evidence upon the issues before them, find (we will suppose) a verdict for the plaintiff. On that verdict judgment is afterwards entered ; the plaintiff's costs of suit are then taxed by the officer of the court, and the judgment is put in execution by levying on the defendant's effects the damages given by the jury, and the costs allowed by the court ; this done, there is an end of the suit, and both parties are once more out of court.
Page 224 - I might instance in other professions the obligation men lie under of applying themselves to certain parts of History; and I can hardly forbear doing it in that of the Law, — in its nature the noblest and most beneficial to mankind, in its abuse and debasement the most sordid and the most pernicious. A lawyer now is nothing more (I speak of ninetynine in a hundred at least...
Page 244 - Pleaders, without the Bar, to diftinguifh them from Benchers, or thofe, who have been Readers, who are fometimes admitted to plead within the Bar, as the King, Queen or Princes Council are.
Page 135 - To use the words of an elegant writer on the law and constitution of England .•* "The application to a court by counsel is called a motion; and the order made by a court on any motion, when drawn into form by the officer, is called a rule.
Page 243 - ... space at least, are called out of their contemplation to practice, and in the face of the world to take upon them the protection and defence of clients
Page 131 - ... of which, the party complained of (whom we " call the defendant,) either puts in common or special " bail, as the case requires. The defendant being thus " secured, the plaintiff declares, in proper form, the nature " of his case. The defendant answers this declaration ; " and the charge and defence, by due course of pleading, " are brought to one or more plain simple facts. These
Page 39 - But when the bandage was taken from his eyes, what was his astonishment to find, that, though he had stopped at St. Michael's altar, he had all the while laid hold, not of St. Michael, but of the figure under St. Michael's feet — the devil ! This St. Evona of Brittany, it is said in Carr's account of the Netherlands, 1684, was so dejected at the choice of a patron saint, that in a few months he died, and coming to heaven's gates knocked hard. Whereupon St. Peter asked who it was that knocked so...
Page 131 - Let us suppose that a person, who has a cause of action either in a right detained or an injury done, is determined to bring an action.

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