A General Abridgment and Digest of American Law: With Occasional Notes and Comments, 6. köideCummings, Hilliard & Company, 1824 |
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Page 21
... demurrer to this repli- cation , it was good ; though an affirmative to a precedent nega- tive in the plea ; because in this replication new matter was suggested , and so it ought to conclude with an averment . 45. So , to conclude with ...
... demurrer to this repli- cation , it was good ; though an affirmative to a precedent nega- tive in the plea ; because in this replication new matter was suggested , and so it ought to conclude with an averment . 45. So , to conclude with ...
Page 22
... demurrer , for they ought to have concluded to the country , and of this opinion was the court : and his discharge was her's . It may seem at first view that hoc paratus in this case was right , as the defts . pleaded the husband's ...
... demurrer , for they ought to have concluded to the country , and of this opinion was the court : and his discharge was her's . It may seem at first view that hoc paratus in this case was right , as the defts . pleaded the husband's ...
Page 30
... demurrer ; as it is like any other plea , with the above difference as to time ; and if bad , final judgment is given against the deft . 1 Com . D. 93 , Broome v . Burdly . Also 3 Caines ' R. 172 . 3D . & E.554 , Lovell v . Eastaff ...
... demurrer ; as it is like any other plea , with the above difference as to time ; and if bad , final judgment is given against the deft . 1 Com . D. 93 , Broome v . Burdly . Also 3 Caines ' R. 172 . 3D . & E.554 , Lovell v . Eastaff ...
Page 31
... demurrer a plea be Hob . 81 , pleaded since the last continuance , and there is a new de- murrer on that plea . yet the court must consider of the first demurrer ; " for if upon that standing confessed by the de- murrer , the plt ...
... demurrer a plea be Hob . 81 , pleaded since the last continuance , and there is a new de- murrer on that plea . yet the court must consider of the first demurrer ; " for if upon that standing confessed by the de- murrer , the plt ...
Page 38
... demurrer , and after verdict . § 2. Cases . Debt on bond conditioned to pay £ 8 , on a 316 , Parker certain day . Plea , payment on the day , and concluded to 7. Taylor . the country . The issue was joined and found for the plt . Held ...
... demurrer , and after verdict . § 2. Cases . Debt on bond conditioned to pay £ 8 , on a 316 , Parker certain day . Plea , payment on the day , and concluded to 7. Taylor . the country . The issue was joined and found for the plt . Held ...
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Common terms and phrases
abatement accessary action adjudged admiralty aforesaid alleged allowed amended appear assumpsit attorney audita querela averment award bail bill bond brought Burr Caines cause committed common law Common Pleas costs covenant Cranch crimes damages debt declaration deed deft deft's demand demurrer disseizin dower ejectment evidence execution executor fact felony feoffment granted guilty heir held hoc paratus indictment Inst issue Johns joinder judge jurisdiction jurors jury justice land lease mandamus Mass Massachusetts matter ment non est factum notice offence party payment person plea in bar pleaded plt's possession principles proceedings punishment quo warranto Raym reason record recover replevin replication rule Salk Saund scire facias seized seizin shew statute Stra sued suit tenant thereof tiel tion traverse treason trespass trial trustee United usury verdict Wils writ of error writ of right
Popular passages
Page 226 - And no subject shall be arrested, imprisoned, despoiled, or deprived of his property immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.
Page 385 - The Governor and Judges, or a majority of them, shall adopt and publish in the District, such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the District...
Page 380 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 380 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the State where the suit is brought, and a citizen of another State.
Page 352 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Page 724 - States as before defined, and in every case in which any process issuing out of any Court of The United States shall be disobeyed or resisted by any Person or Persons having the custody of any Vessel of War, Cruiser, or other armed Vessel, of any Foreign Prince...
Page 379 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a State is a party, except between a State and its citizens ; and except, also, between a State and citizens of other States, or aliens, in which latter case it shall have original, but not exclusive jurisdiction.
Page 724 - ... for the purpose of preventing the carrying on of any such expedition or enterprise from the territories or jurisdiction of the United States against the territories or dominions of any f'oreign prince or state, or of any colony, district, or people with whom the United States are at peace.
Page 391 - ... where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under any state, on the ground of their being repugnant to the constitution, treaties, or laws of the United States, and the decision is in favor of their validity...
Page 623 - THE third absolute right, inherent in every Englishman, is that of property : which consists in the free use, enjoyment, and disposal of all his acquisitions, without any control or diminution, save only by the laws of the land.