A General Abridgment and Digest of American Law: With Occasional Notes and Comments, 6. köideCummings, Hilliard & Company, 1824 |
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Page 4
... given on profert , unnecessarily made . § 7. The deft . pleaded another action pending in the same court for the same cause . Held , the plt . may pray oyer of the record , being in the same court ; and if no oyer be given , the plt ...
... given on profert , unnecessarily made . § 7. The deft . pleaded another action pending in the same court for the same cause . Held , the plt . may pray oyer of the record , being in the same court ; and if no oyer be given , the plt ...
Page 23
... given to secure payment thereof . Replication , it . Sandon . was given to secure payment of a just debt , and not to secure payment of money won . This replication may conclude to the country , or with an averment ; either is good ...
... given to secure payment thereof . Replication , it . Sandon . was given to secure payment of a just debt , and not to secure payment of money won . This replication may conclude to the country , or with an averment ; either is good ...
Page 24
... given ought to continue , as where the deft . allows the plt's . claim , by a deed of demise , for the life of A , it must appear A is alive , and so a subsist- ing title . § 4. Third rule is , the colour given ought to be such , that ...
... given ought to continue , as where the deft . allows the plt's . claim , by a deed of demise , for the life of A , it must appear A is alive , and so a subsist- ing title . § 4. Third rule is , the colour given ought to be such , that ...
Page 25
... given in a writ of entry sur disseizin , in trespass , & c . in order to make a certain issue for a trial by the judges , and not by a jury . But when the special matter of the plea totally bars the plt . , no colour is necessary ...
... given in a writ of entry sur disseizin , in trespass , & c . in order to make a certain issue for a trial by the judges , and not by a jury . But when the special matter of the plea totally bars the plt . , no colour is necessary ...
Page 26
... given by many statutes in particular cases : 12. Notice in equity that makes one privy to a trust , and so trustee . Ow . 41 ; Salk . 388 ; Cro . Car . 241 , 271 ; Hob . 42 . But notice is not necessary to be averred when the matter can ...
... given by many statutes in particular cases : 12. Notice in equity that makes one privy to a trust , and so trustee . Ow . 41 ; Salk . 388 ; Cro . Car . 241 , 271 ; Hob . 42 . But notice is not necessary to be averred when the matter can ...
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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.