The New Instructor Clericalis: Stating the Authority, Jurisdiction, and Modern Practice of the Court of Common Pleas : with Directions for Commencing and Defending Actions, Entering Up Judgements, Suing Out Executions, and Proceeding in Error : to which are Added, the Rules of the Court, Modern Precedents ... the Whole Illustrated by Useful Notes and Observations ... with the Addition of Several New Titles and a Copious Index |
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Results 1-5 of 68
Page 20
... demurrer for thefe caufes , the court held the contract and venue well laid . Emery v . Fell , Trin . 27 Geo . 3. B. R. It is determined that the plaintiff may recover a lefs fum than demanded , provided he remits on the roll the ...
... demurrer for thefe caufes , the court held the contract and venue well laid . Emery v . Fell , Trin . 27 Geo . 3. B. R. It is determined that the plaintiff may recover a lefs fum than demanded , provided he remits on the roll the ...
Page 45
... demurrer , demurrer , a the defendant has judgment of refpondeas oufler , or to refpondeas ofter answer over in fome better manner . It is then in- cumbent on him to plead a plea in bar to the action , by which he admits the form of the ...
... demurrer , demurrer , a the defendant has judgment of refpondeas oufler , or to refpondeas ofter answer over in fome better manner . It is then in- cumbent on him to plead a plea in bar to the action , by which he admits the form of the ...
Page 46
... demurrer to a plea in abatement , there fhall be a refpondeas ouster , because every man fhall not be prefumed to know the matter of law , which he leaves to the judgment of the court . The fame jury who try the iffue , alfo affefs the ...
... demurrer to a plea in abatement , there fhall be a refpondeas ouster , because every man fhall not be prefumed to know the matter of law , which he leaves to the judgment of the court . The fame jury who try the iffue , alfo affefs the ...
Page 50
... a jury and fuch pleas are good caufes of fpecial demurrer , fince 27 Eliz . c . 5. and before it , of a general one . 10 Co. 95. a . Gro . Car . 157 . If the defence confift in matter of law , the If 50 Of the Proceedings .
... a jury and fuch pleas are good caufes of fpecial demurrer , fince 27 Eliz . c . 5. and before it , of a general one . 10 Co. 95. a . Gro . Car . 157 . If the defence confift in matter of law , the If 50 Of the Proceedings .
Page 51
... demurrer . I Salk . 121 . Traverse comes from the French traverfer , and Traverse , is used in the law for the denying of some matter of E 2 fact , Rules relating to traverses . When traverse is neceflary . Of the Proceedings . 51.
... demurrer . I Salk . 121 . Traverse comes from the French traverfer , and Traverse , is used in the law for the denying of some matter of E 2 fact , Rules relating to traverses . When traverse is neceflary . Of the Proceedings . 51.
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Common terms and phrases
action affidavit affigned affizes aforefaid againſt alfo allocatur anſwer appear arreft attorney bail Barnes becauſe cafe capias caufe cauſe clerk cofts common confent Cooke's Rep copy cuftody damages debt declaration defendant delivered demurrer deponent difcharged Eafter ejectment entered execution executor faid A. B. faid C. D. faid court faid John faid Richard feal fecond fecondary fendant ferved fervice fet afide fhall fheriff fhould figned filacer filed firft fome fpecial ftamp ftatute fuch fued fufficient fuit fummons fworn given habeas corpus hath himſelf ibid iffue John Doe judge juftices jury laft London Lord Loughborough ment Middlefex muft muſt neceffary nonfuit notice of trial outlawry party perfon plaintiff plaintiff's attorney plea plead poffeffion præcipe prefent prifoner proceed proceedings profecute promifes prothonotaries purpoſe reafon Richard Fenn rule ſaid ſhall tenant term thereof tiel trefpafs verdict warrant Westminster Wilf writ of error
Popular passages
Page 74 - In this distinct and separate existence of the judicial power in a peculiar body of men, nominated indeed, but not removable at pleasure, by the crown, consists one main preservative of the public liberty which cannot subsist long in any state unless the administration of common justice be in some degree separated both from the legislative and also from the executive power.
Page 30 - ... if, in any of the said actions or suits, judgment be given for the plaintiff, and the same be reversed by error, or a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment, the judgment be given against the plaintiff, that he take nothing by his plaint, writ, or bill...
Page 364 - Warwick aforesaid, by whom the truth of the matter may be the better...
Page 9 - A custom to pay two-pence an acre in lieu of tithes, is good ; but to pay sometimes two-pence, and sometimes three-pence, as the occupier of the land pleases, is bad for its uncertainty. Yet a custom, to pay a year's improved value for a fine on a copyhold estate, is good ; though the value is a thing uncertain : for the value may at any time be ascertained ; and the maxim of law is, id certum est, quod certum reddi potest.
Page 30 - And be it further enacted, That all Actions of Trespass, Quare clausum fregit, all Actions of Trespass, Detinue, Action sur Trover, and Replevin for taking away of Goods and Cattle, all Actions of Account, and upon the Case, other than such Accounts as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants...
Page 16 - 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 74 - I, c. 10, which abolished the court of star chamber, effectual care is taken to remove all judicial power out of the hands of the king's privy council ; who, as then was evident from recent instances, might soon be inclined to pronounce that for law which was most agreeable to the prince or his officers.
Page 58 - And, after issue or demurrer joined, as well as in some of the previous stages of proceeding, a day is continually given and entered upon the record, for the parties to appear on from time to time, as the exigence of the case may require. The giving of this day is called the continuance, because thereby the proceedings are continued without interruption from one adjournment to another.
Page 8 - To this head may most properly be referred a particular system of customs used only among one set of the king's subjects, called the custom of merchants, or lex mercatoria : which, however different from the general rules of the common law, is yet ingrafted into it, and made a part of it (¿) ; being allowed, for the benefit of trade, to be of the utmost validity in all commercial transactions : for it is a maxim of law, that " cuilibet in sua arte credendum est (13).
Page 20 - The least touching of another's person wilfully, or in anger, is a battery; for the law cannot draw the line between different degrees of violence, and therefore totally prohibits the first and lowest stage of it : every man's person being sacred, and no other having a right to meddle with it} in any the slightest manner.