Commentaries on the Laws of England: In Four Books, Volume 3A. Strahan and W. Woodfall, 1794 - Law |
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... allowed in those cafes an extrajudicial or eccentrical kind of remedy ; of which I fhall firft of all treat , before I confider the several remedies by fuit : and , to that end , fhall distribute the re- dress of private wrongs into ...
... allowed in those cafes an extrajudicial or eccentrical kind of remedy ; of which I fhall firft of all treat , before I confider the several remedies by fuit : and , to that end , fhall distribute the re- dress of private wrongs into ...
Page 7
... allowed , left the beafts fhould efcape before they are taken2 . And , when a perfon intends to make a diftrefs , he must , by himself , or his bailiff , enter on the demifed premises ; for- merly during the continuance of the leafe ...
... allowed , left the beafts fhould efcape before they are taken2 . And , when a perfon intends to make a diftrefs , he must , by himself , or his bailiff , enter on the demifed premises ; for- merly during the continuance of the leafe ...
Page 18
... allowed to retain it . The doctrine of retainer is there- fore the neceffary confequence of that other doctrine of the law , the priority of fuch creditor who first commences his action . But the executor fhall not retain his own debt ...
... allowed to retain it . The doctrine of retainer is there- fore the neceffary confequence of that other doctrine of the law , the priority of fuch creditor who first commences his action . But the executor fhall not retain his own debt ...
Page 19
... allowed , is somewhat fimilar to that given in the pre- ceding article ; because otherwife he who hath right would . be deprived of all remedy . For as he himself is the person in poffeffion of the freehold , there is no other person ...
... allowed , is somewhat fimilar to that given in the pre- ceding article ; because otherwife he who hath right would . be deprived of all remedy . For as he himself is the person in poffeffion of the freehold , there is no other person ...
Page 38
... allowed to determine all caufes between private fubjects ; the exchequer managing the king's revenue ; and the court of king's bench retaining all the jurifdiction which was not cantoned out to other courts , and particularly the ...
... allowed to determine all caufes between private fubjects ; the exchequer managing the king's revenue ; and the court of king's bench retaining all the jurifdiction which was not cantoned out to other courts , and particularly the ...
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Common terms and phrases
action of trefpafs affife aforefaid againſt alfo alſo anſwer antient appear arifing becauſe biſhop cafe caſe caufe cauſe chancery Charles Long cofts cognizance commiffion common law common pleas confequence courſe court of equity damages debt defendant deforcement detinue diftreined diſtreſs ecclefiaftical Edward Coke eftate entry eſtabliſhed eſtate faid Charles faid Richard faid William fame fatisfaction fecond fhall fhould fince Finch firſt fome fpecies freehold ftatute fubject fuch fufficient fuit hath himſelf houſe iffue impriſonment Inft injury itſelf judges judgment jurifdiction jurors jury juſtice king's bench lands Litt lord the king moſt muft muſt neceffary obferved otherwiſe party perfon plaintiff plead poffeffion prefent proceſs profecution purpoſe queſtion reaſon recover redrefs remedy reſpective ſeveral ſhall ſheriff ſome ſpecial ſpecies ſtated ſuch tenant thefe themſelves theſe thofe thoſe tion treſpaſs trial ufually unleſs uſe uſually verdict vols Weſtminſter wherein William Kent writ of right
Popular passages
Page x - George Saunders, by their attorneys within contained : and the jurors of the jury whereof mention is within made being...
Page 350 - ... that he cause to come here, on such a day, twelve free and lawful men, liberos et legales homines, of the body of his county, by whom the truth of the matter may be better known, and who are neither of kin to the aforesaid A nor the aforesaid B, to recognize the truth of the issue between the said parties.
Page 45 - The surmise, of being debtor to the king, is therefore become matter of form and mere words of course, and the court is open to all the nation equally.
Page 103 - 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 374 - And herein they state the naked facts, as they find them to be proved, and pray the advice of the court thereon; concluding conditionally, that if upon the whole matter the court should be of opinion that the plaintiff had cause of action, they then find for the plaintiff; if otherwise, then for the defendant.
Page 260 - A WRIT of quo warranto is in the nature of a writ of right for the king, against him who claims or usurps any office, franchise, or liberty, to inquire by what authority he supports his claim, in order to determine the right r.
Page 214 - ... any thing done to the hurt or annoyance of the lands, tenements, or hereditaments of another.
Page 130 - Bench, relying on some arbitrary precedents (and those perhaps misunderstood) determined that they would not, upon a Habeas Corpus, either bail or deliver a prisoner, though committed -without any cause assigned, in case he was committed by the special command of the King, or by the Lords of the Privy Council.
Page 391 - Interlocutory judgments are such as are given in the middle of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the suit.
Page 33 - ... 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.