A General Abridgment and Digest of American Law: With Occasional Notes and Comments, 6. köideCummings, Hilliard & Company, 1824 |
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Page 13
... writ may fur- ther answer ; another case prays judgment as well if the deft . ought to be admitted against that record , to say , the said H. before the time of suing out the original writ , in the replication mentioned , died , as for ...
... writ may fur- ther answer ; another case prays judgment as well if the deft . ought to be admitted against that record , to say , the said H. before the time of suing out the original writ , in the replication mentioned , died , as for ...
Page 20
... writ is at common law , and her sister's gran- tee , whose writ is on the statute , cannot join . 3 Bac . 211 . 5 Com . D. Com . 31 . § 40. If one avers what cannot be by law , his averment 363.-P. is of no avail ; as if he aver land is ...
... writ is at common law , and her sister's gran- tee , whose writ is on the statute , cannot join . 3 Bac . 211 . 5 Com . D. Com . 31 . § 40. If one avers what cannot be by law , his averment 363.-P. is of no avail ; as if he aver land is ...
Page 24
... writ of entry , & c . , or not guilty , in trespass , by the rules of pleading , or he must plead some plea in abatement of the writ , to the jurisdiction , to the party , or else some bar , or some matter by way of conclusion of the ...
... writ of entry , & c . , or not guilty , in trespass , by the rules of pleading , or he must plead some plea in abatement of the writ , to the jurisdiction , to the party , or else some bar , or some matter by way of conclusion of the ...
Page 25
... writ of entry sur disseizin , in trespass , & c . in order to make a certain issue for a trial by the judges , and ... writ , or to the action of the 4 Bac . Abr . writ , he need not give a colour ; nor where the deft . entitles himself ...
... writ of entry sur disseizin , in trespass , & c . in order to make a certain issue for a trial by the judges , and ... writ , or to the action of the 4 Bac . Abr . writ , he need not give a colour ; nor where the deft . entitles himself ...
Page 31
... writ , he may plead it after a 92 , 93. - 2 former plea , provided it be pleaded before the next continu- Cro . 82. - 2 ance after such matter happens ; and pleas of this kind are twofold , in bar or in abatement . If after a writ of ...
... writ , he may plead it after a 92 , 93. - 2 former plea , provided it be pleaded before the next continu- Cro . 82. - 2 ance after such matter happens ; and pleas of this kind are twofold , in bar or in abatement . If after a writ of ...
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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.