Commentaries on the Laws of England: In Four Books, Volume 3A. Strahan and W. Woodfall, 1794 - Law |
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... DEBT , in the Court of Common Pleas ; removed into the King's Bench by Writ of ERROR . ibid . xi xii § 1. Original . § 2. Process , 3. Bill of Middlesex , and Latitat thereupon , in the Court of King's Bench . § 4. Writ of Quo minus in ...
... DEBT , in the Court of Common Pleas ; removed into the King's Bench by Writ of ERROR . ibid . xi xii § 1. Original . § 2. Process , 3. Bill of Middlesex , and Latitat thereupon , in the Court of King's Bench . § 4. Writ of Quo minus in ...
Page 6
... debt , fo they may be for diftreffes by ftatute , which partake of the nature of executions . And perhaps the true reason , why thefe and the tools of a man's trade were privileged at the common law , was because the distress was then ...
... debt , fo they may be for diftreffes by ftatute , which partake of the nature of executions . And perhaps the true reason , why thefe and the tools of a man's trade were privileged at the common law , was because the distress was then ...
Page 11
... debt due to the crown , unless paid within forty days , the distress was always faleable at the common law . And for an amerce- ment impofed at a court - leet , the lord may alfo fell the dif- trefs P : partly because , being the king's ...
... debt due to the crown , unless paid within forty days , the distress was always faleable at the common law . And for an amerce- ment impofed at a court - leet , the lord may alfo fell the dif- trefs P : partly because , being the king's ...
Page 17
... debt , by allowing him to retain fo much as will pay himself , before any other creditors whofe debts are of equal degree . This is a remedy by the mere act of law , and grounded upon this reafon ; that the executor cannot , without an ...
... debt , by allowing him to retain fo much as will pay himself , before any other creditors whofe debts are of equal degree . This is a remedy by the mere act of law , and grounded upon this reafon ; that the executor cannot , without an ...
Page 18
... debt , in prejudice to thofe of a higher degree ; for the law only puts him in the fame fituation , as if he had fued himself as exe- cutor , and recovered his debt ; which he never could be supposed to have done , while debts of a ...
... debt , in prejudice to thofe of a higher degree ; for the law only puts him in the fame fituation , as if he had fued himself as exe- cutor , and recovered his debt ; which he never could be supposed to have done , while debts of a ...
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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.