Commentaries on the Laws of England,: In Four Books, Volume 3A. Strahan, 1800 - Law |
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... P. XX . Of PLEADING . 293 CHAP . XXI . Of ISSUE and DEMURRER . 314 CHA P. XXII . Of the feveral SPECIES of TRIAL . 325 CHAP . XXIII . Of the TRIAL by JURY . 349 CHAP . XXIV . Of JUDGMENT , and it's INCIDENTS CONTENTS co .
... P. XX . Of PLEADING . 293 CHAP . XXI . Of ISSUE and DEMURRER . 314 CHA P. XXII . Of the feveral SPECIES of TRIAL . 325 CHAP . XXIII . Of the TRIAL by JURY . 349 CHAP . XXIV . Of JUDGMENT , and it's INCIDENTS CONTENTS co .
Page 12
... plead the general iffue . But if a party pay money to redeem his goods from a wrongful diftrefs for rent , he may afterwards maintain trover against the person who diftrained them . 6 T. R. 298 . I. ACCORD I. ACCORD is a fatisfaction ...
... plead the general iffue . But if a party pay money to redeem his goods from a wrongful diftrefs for rent , he may afterwards maintain trover against the person who diftrained them . 6 T. R. 298 . I. ACCORD I. ACCORD is a fatisfaction ...
Page 14
... the award itself ; for fuch an award , after that time , might be pleaded in bar to any action brought upon it . Pedley v . Goddard , 7 T. R. 78 . Submiffions is now become a confiderable part of the business of 16 BOOK III . PRIVATE.
... the award itself ; for fuch an award , after that time , might be pleaded in bar to any action brought upon it . Pedley v . Goddard , 7 T. R. 78 . Submiffions is now become a confiderable part of the business of 16 BOOK III . PRIVATE.
Page 27
... plead in court for a prifoner , or a defendant in a criminal profecution , without a licence , which is never refufed ; but , an expence of about 97. must be incurred in obtaining it . Thefe Thefe ( as well as the queen's attorney and ...
... plead in court for a prifoner , or a defendant in a criminal profecution , without a licence , which is never refufed ; but , an expence of about 97. must be incurred in obtaining it . Thefe Thefe ( as well as the queen's attorney and ...
Page 88
... pleads any custom , modus , compofition , or other matter whereby the right of tithing is called in question , this takes it out of the jurisdic- tion of the ecclefiaftical judges ; for the law will not suffer the existence of such a ...
... pleads any custom , modus , compofition , or other matter whereby the right of tithing is called in question , this takes it out of the jurisdic- tion of the ecclefiaftical judges ; for the law will not suffer the existence of such a ...
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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 common court of equity damages debt defendant deforcement detinue diftrefs diftreined diſtreſs ecclefiaftical Edward Coke eftate Eliz entry eſtabliſhed eſtate faid faid William fame fatisfaction fecond feems fhall fheriff fhould fince Finch firft firſt fome fpecies freehold ftated ftatute fubject fuch fufficient fuit fummon fuppofed hath himſelf houſe iffue impriſonment Inft injury itſelf judges judgment juftice jurifdiction jurors jury king's bench lands Litt moſt muft muſt neceffary nufance obferved otherwife party perfon plaintiff plead poffeffion prefent procefs profecution purpoſe queſtion reaſon recover redreſs remedy reſpective ſaid ſhall ſpecial ſtate ſuch tenant thefe themſelves theſe thofe thoſe trefpafs treſpaſs trial ufually unleſs uſe uſually verdict Weſtminſter wherein witneffes writ of right
Popular passages
Page 368 - 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 158 - ... him, to perform it with integrity, diligence and skill. And, if by his want of either of those qualities any injury accrues to individuals, they have therefore their remedy in damages by a special action on the case.
Page 210 - ... any thing done to the hurt or annoyance of the lands, tenements, or hereditaments of another.
Page 99 - The marshalling of coat-armour, which was formerly the pride and study of all the best families in the kingdom, is now greatly disregarded; and has fallen into the hands of certain officers and attendants upon this court, called heralds...
Page 448 - Saunders, by their attorneys within contained : and the jurors of the jury whereof mention is within made being...
Page 127 - I. the court of king's bench, relying on some arbitrary precedents, and those perhaps misunderstood, determined that they could not upon a habeas corpus either bail or deliver a prisoner, though committed without any cause assigned, in case he was committed by the special command of the king, or by the lords of the privy council.
Page 378 - A new trial is a rehearing of the cause before another jury; but with as little prejudice to either party, as if it had never been heard before.
Page 348 - Challenges to the array are at once an exception to the whole panel, in which the jury are arrayed or set in order by the sheriff in his return ; and they may be made upon account of partiality or some default in the sheriff, or his under-officer who arrayed the panel.
Page 30 - This was formerly held every three weeks; and its most important business is to determine, by writ of right, all controversies relating to the right of lands within the manor.