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Commentaries on the Laws of England: In Four Books. Seventh Edition
No preview available - 2017
according action aforeſaid afterwards againſt allowed alſo anſwer antient appear ariſing becauſe bench bill bring brought called caſe cauſe Charles civil claim cognizance commanding committed common law conſider continued contract court crown damages debt defendant demand determined directed diſtreſs entered entry equity error eſtate evidence execution fact firſt former give given granted hath held himſelf injury iſſue judges judgment juriſdiction jury juſtice king king's lands lies Long lord manner matter method moſt muſt nature original particular party perſon plaintiff plea plead poſſeſſion preſent proceedings proceſs queſtion reaſon record recover remedy rent reſpective Richard rule ſaid ſame ſeveral ſhall ſheriff ſhould ſome ſpecial ſpecies ſtatute ſubject ſuch ſuit taken tenant term theſe thing thoſe tion treſpaſs trial unleſs uſe uſually verdict wherein writ wrong
Page 309 - And when he that denies or traverses the fact pleaded by his antagonist has tendered the issue, thus, "and this he prays may be inquired of by the country;" or, " and of this he puts himself upon the country ;" it may immediately be subjoined by the other party, " and the said AB doth the like.
Page 346 - ... 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 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 126 - Such is, lastly, the common writ ad faciendum ct recipiendum, which issues out of any of the courts of Westminster hall, when a person is sued in some inferior jurisdiction, and is desirous to remove the action into the superior court; commanding the inferior judges to produce the body of the defendant, together with the day and cause of his caption and detainer (whence the writ is frequently denominated an habeas corpus cum causa) to do and receive whatsoever the king's court shall consider in that...
Page 24 - A custom has of late years prevailed of granting letters patent of precedence to such barristers, as the crown thinks proper to honour with that mark of distinction : whereby they are entitled to such rank and pre-audience as are assigned in their respective patents ; sometimes next after the king's attorneygeneral, but usually next after his majesty's counsel then being.
Page 373 - ... the state, their decisions, in spite of their own natural integrity, will have frequently an involuntary bias towards those of their own rank and dignity ; it is not to be expected from human nature, that the few should be always attentive to the interests and good of the many.
Page 105 - I am next to consider such injuries as are cognizable by the courts of the common law. And herein 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...