Commentaries on the laws of England. [Another], Volume 3T. Cadell and J. Butterworth, 1825 |
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Page 6
... replevin for such distress , he would be bound to state an actual tenancy , and the definite terms of it , which it would be impossible to do under such a relation as above supposed . Hegan v . Johnson , 2 Taunt . 148. Dunk v . Hunter ...
... replevin for such distress , he would be bound to state an actual tenancy , and the definite terms of it , which it would be impossible to do under such a relation as above supposed . Hegan v . Johnson , 2 Taunt . 148. Dunk v . Hunter ...
Page 12
... replevin , of which more will be said hereafter . At present I shall only observe , that , as a distress is at common law only in nature of a security for the rent or damages done , a replevin [ 14 ] answers the same end to the ...
... replevin , of which more will be said hereafter . At present I shall only observe , that , as a distress is at common law only in nature of a security for the rent or damages done , a replevin [ 14 ] answers the same end to the ...
Page 145
... replevin ; an institution , which the mirror ascribes to Glanvil , chief justice to king Henry the second . This obtains only in one instance of an unlawful taking , that of a wrongful distress ; and this and the action of detinue ( of ...
... replevin ; an institution , which the mirror ascribes to Glanvil , chief justice to king Henry the second . This obtains only in one instance of an unlawful taking , that of a wrongful distress ; and this and the action of detinue ( of ...
Page 146
... , when final process is once executed , the party is deemed to have satisfaction in the eye of the law , and can have no new process . It seems , however , M 4 AN action of replevin , the regular way of contesting Ch . 9 . 146 WRONGS .
... , when final process is once executed , the party is deemed to have satisfaction in the eye of the law , and can have no new process . It seems , however , M 4 AN action of replevin , the regular way of contesting Ch . 9 . 146 WRONGS .
Page 147
... replevin , replegiari facias ; which issued out of chancery , command- ing the sheriff to deliver the distress to the owner , and after- wards to do justice in respect of the matter in dispute in his own county - court . But this being ...
... replevin , replegiari facias ; which issued out of chancery , command- ing the sheriff to deliver the distress to the owner , and after- wards to do justice in respect of the matter in dispute in his own county - court . But this being ...
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Common terms and phrases
action of debt action of trespass advowson antient appear assise assumpsit award bail bishop breach brought called capias cause chancery chattels civil cognizance committed common law common pleas contract court of chancery court of equity court of king's courts of common covenant crown damages declaration defendant defendant's deforcement determined detinue disseisin distreined distress ecclesiastical Eliz evidence fact Finch freehold granted habeas corpus hath heir Ibid injury Inst issue judges judgment jurisdiction jurors jury justice king king's bench lands Litt lord matter nature nisi prius nusance oath original writ ouster owner person plaintiff plead possession proceedings real actions recover redress remedy rent replevin seised seisin sheriff shew sir Edward Coke species statute sued suit tenant term tion trespass trial unless verdict Westm whereby wherein writ of error writ of right wrong
Popular passages
Page 31 - And Moses chose able men out of all Israel, and made them heads over the people, rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens. And they judged the people at all seasons: the hard causes they brought unto Moses, but every small matter they judged themselves.
Page 119 - And these may be reduced to three principal or primary articles ; the right of personal security, the right of personal liberty and the right of private property...
Page 371 - ... the trial by jury ever has been, and I trust ever will be, looked upon as the glory of the English law. And if it has so great an advantage over others in regulating civil property, how much must that advantage be heightened when it is applied to criminal cases...
Page 300 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants...
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 130 - ... by a fiat from the chief justice or any other of the judges, and running into all parts of the king's dominions: for the king is at all times entitled to have an account, why the liberty of any of his subjects is restrained, 11 wherever that restraint may be inflicted.
Page 29 - ... whose honorarium was directed by a decree of the senate not to exceed in any case ten thousand sesterces, or about 80/. of English money.' And, in [ 29 ] order to encourage due freedom of speech in the lawful defence of their clients, and at the same time to give a check to the unseemly licentiousness of prostitute and illiberal men, (a few of whom may sometimes insinuate themselves even into the most...