Commentaries on the Laws of England, 3. köideA. Strahan, 1800 |
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Page
... entered at all into the discussion of wrongs , we fhould entertain a clear and diftinct notion of rights the contemplation of what is jus being neceffarily prior to what may be termed injuria , and the definition of fas precedent to ...
... entered at all into the discussion of wrongs , we fhould entertain a clear and diftinct notion of rights the contemplation of what is jus being neceffarily prior to what may be termed injuria , and the definition of fas precedent to ...
Page 1
... entering on the grounds of a third perfon , to take him , except he be feloniously stolen ' ; but must have recourse to an action at law . III . As recaption is a remedy given to the party himself , for an injury to his personal ...
... entering on the grounds of a third perfon , to take him , except he be feloniously stolen ' ; but must have recourse to an action at law . III . As recaption is a remedy given to the party himself , for an injury to his personal ...
Page 15
... entered into by a rule of the court at the common law when a cause was depending , and the ftatute of king William was intended to give the fame efficacy to awards where no fuit or action was instituted . 2 Burr . 701. A verbal ...
... entered into by a rule of the court at the common law when a cause was depending , and the ftatute of king William was intended to give the fame efficacy to awards where no fuit or action was instituted . 2 Burr . 701. A verbal ...
Page 19
... entering thereon till he proves his right in an action : now , if afterwards C the heir of the diffifor makes a leafe for life to D , with remainder to B the diffeifee for life , and D dies ; hereby the remainder accrues to B , the ...
... entering thereon till he proves his right in an action : now , if afterwards C the heir of the diffifor makes a leafe for life to D , with remainder to B the diffeifee for life , and D dies ; hereby the remainder accrues to B , the ...
Page 97
... entered against proving the will , or granting administration , and a fuit thereupon follows to determine either the validity of the teftament , or who hath a right to administer ; this claim and obstruction by the adverfe party are an ...
... entered against proving the will , or granting administration , and a fuit thereupon follows to determine either the validity of the teftament , or who hath a right to administer ; this claim and obstruction by the adverfe party are an ...
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 equity damages debt defendant deforcement detinue diffeifin diftreined diſtreſs ecclefiaftical Edward Coke eftate Eliz entry eſtabliſhed faid faid Richard faid William fame fatisfaction fecond fhall fheriff fhew fhould fince Finch firſt fome fpecies freehold ftatute ftill fubject fuch fufficient fuit fummon fuppofed hath himſelf iffue Inft injury itſelf judges judgment juftice jurifdiction jurors jury king's bench lands Litt lord the king moſt muft muſt neceffary nufance obferved otherwife party perfon plaintiff plead poffeffion prefent procefs profecution purpoſe queſtion reafon recover redrefs refpective remedy ſhall ſpecial ſtated ſuch tenant thefe themſelves theſe thofe thoſe trefpafs treſpaſs trial ufually unleſs uſe uſually verdict Weſtminſter wherein William Kent writ of right
Popular passages
Page 109 - I shall for the present only remark, that all possible injuries whatsoever, that did not fall within the exclusive cognizance of either the ecclesiastical, military, or maritime tribunals, are, for that very reason, within the cognizance of the common law courts of justice; for it is a settled and invariable principle in the laws of England, that every right, when withheld, must have a remedy, and every injury its proper redress.
Page 105 - 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, who consider it only as a matter of lucre, and not of justice: whereby such falsity and confusion have crept into their records, (which ought to be the standing evidence of families, descents, and...
Page 73 - ... and whereas heretofore such assurers have used to stand so justly and precisely upon their credits, as few or no controversies have arisen thereupon, and if any have grown, the same have from time to time been ended and ordered by certain grave and discreet merchants appointed by the lord mayor of the city of London, as men by reason of their experience fittest to understand, and speedily to decide those causes...
Page 205 - For every man's land is, in the eye of the law, enclosed and set apart from his neighbor's; and that either by a visible and material fence, as one field is divided from another by a hedge, or by an ideal, invisible boundary, existing only in the contemplation of law, as when one man's land adjoins to another's in the same field.
Page 93 - Causa jactitationis matrimonii ; when one of the parties boasts or gives out that he or she is married to the other, whereby a common reputation of their matrimony may ensue. On this ground the party injured may libel the other in the spiritual court; and, unless the defendant undertakes and makes out a proof of the actual marriage, he or she is enjoined perpetual silence upon that head ; which is the only remedy the ecclesiastical courts can give for this injury.
Page 155 - 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 32 - ... its jurisdiction extends to administer justice for all commercial injuries done in that very fair or market, and not in any preceding one. So that the injury must be done, complained of, heard, and determined, within the compass of one and the same day, unless the fair continues longer.
Page 134 - That every person committed for treason or felony shall, if he requires it the first week of the next term, or the first day of the next session of oyer and terminer, be indicted in that term or session, or else admitted to bail ; unless the king's witnesses cannot be produced at that time ; and if acquitted, or if not indicted and tried in the second term or session, he shall be discharged from...