Commentaries on the Laws of England,: In Four Books, Volume 3A. Strahan and W. Woodfall, law-printers to the King's most excellent Majesty, 1794 - Law |
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Page 14
... equity ) may agree , that their fubmiffion of the fuit to ar- bitration or umpirage fhall 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 the ...
... equity ) may agree , that their fubmiffion of the fuit to ar- bitration or umpirage fhall 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 the ...
Page 15
... court of equity could entertain no jurifdiction of the fubject until the parties had referred their disputes to the confideration of arbi- trators . 2 Bro . 336. The authority of this decifion has been queftioned , but it is certainly ...
... court of equity could entertain no jurifdiction of the fubject until the parties had referred their disputes to the confideration of arbi- trators . 2 Bro . 336. The authority of this decifion has been queftioned , but it is certainly ...
Page 21
... courts : wherein the act of the parties and the act of law co - operate ; the act of the parties being ... equity or the peculiar circumstances of their fituation re- quired a more expeditious remedy , than the formal procefs of any court ...
... courts : wherein the act of the parties and the act of law co - operate ; the act of the parties being ... equity or the peculiar circumstances of their fituation re- quired a more expeditious remedy , than the formal procefs of any court ...
Page 41
... court , which after a determination in another , might ultimately be brought before it on a writ of error . For this ... equity alfo . It is a very antient court of record , fet up by William the conqueror , as a part of the aula regia ...
... court , which after a determination in another , might ultimately be brought before it on a writ of error . For this ... equity alfo . It is a very antient court of record , fet up by William the conqueror , as a part of the aula regia ...
Page 42
... court of equity , and a court of common law . TIE court of equity is held in the exchequer chamber be- fore the lord treasurer , the chancellor of the exchequer , the chief baron , and three puifnè ones . Thefe Mr. Selden con- jectures ...
... court of equity , and a court of common law . TIE court of equity is held in the exchequer chamber be- fore the lord treasurer , the chancellor of the exchequer , the chief baron , and three puifnè ones . Thefe Mr. Selden con- jectures ...
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 confequence conftitution courſe court of equity damages debt defendant deforcement detinue diffeifin diftrefs diftreined diſtreſs ecclefiaftical Edward Coke eftate entry eſtabliſhed faid faid Charles faid Richard faid William fame fatisfaction fecond feems fervice fhall fheriff fhould fince Finch firſt fome fpecies freehold ftatute ftill fubject fuch fufficient fuit fummon hath himſelf houſe iffue Inft injury itſelf judges judgment juftice jurifdiction jurors jury king's bench lands Litt lord the king moſt muft muſt neceffary nufance obferved otherwife party perfon plaintiff plead poffeffion prefent procefs profecution purpoſe queſtion reafon recover redrefs refpective remedy ſaid ſhall ſpecial ſuch tenant thefe themſelves theſe thofe thoſe trefpafs treſpaſs trial ufually unleſs uſe uſually verdict Weſtminſter wherein William Kent witneffes writ of right
Popular passages
Page 322 - 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 446 - George Saunders, by their attorneys within contained : and the jurors of the jury whereof mention is within made being...
Page 31 - ... its jurisdiction extends to administer justice for all commercial injuries done in that very fair or market, and not in any preceding one. So that the injury must be done, complained of, heard, and determined, within the compass of one and the same day, unless the fair continues longer.
Page 132 - That any such prisoner may move for and obtain his habeas corpus as well out of the Chancery or Exchequer as out of the King's Bench or Common Pleas ; and the Lord Chancellor or judges denying the same, on...
Page 328 - ... 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 360 - And herein they state the naked facts, as they find them to be proved, and pray the advice of the court thereon; concluding conditionally, that if upon the whole matter the court should be of opinion that the plaintiff had cause of action, they then find for the plaintiff; if otherwise, then for the defendant.
Page 163 - But, however, it is found by experience, that the most ready and effectual way to settle these matters of account is by bill in a court of equity, where a discovery may be had on the defendant's oath, without relying merely on the evidence which the plaintiff may be able to produce.
Page 106 - 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...
Page 47 - whensoever from thenceforth in one case a writ shall be found in the chancery, and in a like case falling under the same right and requiring like remedy, no precedent of a writ can be produced, the clerks in chancery shall agree in forming a new one; and, if they. cannot agree, it shall be adjourned to the next...
Page 39 - For this court is likewise a court of appeal, into which may be removed by a writ of error all determinations of the court of common pleas, and of all inferior courts of record in England ; and to which a writ of error lies also from the court of king's bench in Ireland.