Commentaries on the Laws of England,: In Four Books, Volume 3A. Strahan, 1800 - Law |
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... action in courts , which confifts in a conjunction of the other two , the act of the parties co - operating with the ... action brought against the mafter , for he may maintain an action for the lofs of the fervice of his fervant . Salk ...
... action in courts , which confifts in a conjunction of the other two , the act of the parties co - operating with the ... action brought against the mafter , for he may maintain an action for the lofs of the fervice of his fervant . Salk ...
Page 12
... action is brought ( 8 ) . VI . THE feifing of heriots , when due on the death of a tenant , is also another fpecies ... action . Not that they are debarred of this remedy by action ; but have also the other and more speedy one , for the ...
... action is brought ( 8 ) . VI . THE feifing of heriots , when due on the death of a tenant , is also another fpecies ... action . Not that they are debarred of this remedy by action ; but have also the other and more speedy one , for the ...
Page 14
... action is brought : enacting , by ftatute 9 & 10 W. III . c . 15. that all merchants and others , who defire to end any controverfy , fuit , or quarrel , ( for which there is no other remedy but by personal action or suit in equity ...
... action is brought : enacting , by ftatute 9 & 10 W. III . c . 15. that all merchants and others , who defire to end any controverfy , fuit , or quarrel , ( for which there is no other remedy but by personal action or suit in equity ...
Page 15
... action was inftituted . 2 Burr . 701. A verbal agreement to abide by an award cannot be made a rule of court . 7 T. R. 1 . Where a cause is referred by an order of nifi prius , and it is agreed that the costs shall abide the event of ...
... action was inftituted . 2 Burr . 701. A verbal agreement to abide by an award cannot be made a rule of court . 7 T. R. 1 . Where a cause is referred by an order of nifi prius , and it is agreed that the costs shall abide the event of ...
Page 20
... action would have been before it . As therefore the iffue in tail could not by any action have recovered his antient eftate , he shall not recover it by remitter . AND thus much for thefe extrajudicial remedies , as well for real as ...
... action would have been before it . As therefore the iffue in tail could not by any action have recovered his antient eftate , he shall not recover it by remitter . AND thus much for thefe extrajudicial remedies , as well for real as ...
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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 common court of equity damages debt defendant deforcement detinue diftrefs diftreined diſtreſs ecclefiaftical Edward Coke eftate Eliz entry eſtabliſhed eſtate faid faid William fame fatisfaction fecond feems fhall fheriff fhould fince Finch firft firſt fome fpecies freehold ftated ftatute fubject fuch fufficient fuit fummon fuppofed hath himſelf houſe iffue impriſonment Inft injury itſelf judges judgment juftice jurifdiction jurors jury king's bench lands Litt moſt muft muſt neceffary nufance obferved otherwife party perfon plaintiff plead poffeffion prefent procefs profecution purpoſe queſtion reaſon recover redreſs remedy reſpective ſaid ſhall ſpecial ſtate ſuch tenant thefe themſelves theſe thofe thoſe trefpafs treſpaſs trial ufually unleſs uſe uſually verdict Weſtminſter wherein witneffes writ of right
Popular passages
Page 368 - 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 158 - ... him, to perform it with integrity, diligence and skill. And, if by his want of either of those qualities any injury accrues to individuals, they have therefore their remedy in damages by a special action on the case.
Page 210 - ... any thing done to the hurt or annoyance of the lands, tenements, or hereditaments of another.
Page 99 - 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...
Page 448 - Saunders, by their attorneys within contained : and the jurors of the jury whereof mention is within made being...
Page 127 - I. the court of king's bench, relying on some arbitrary precedents, and those perhaps misunderstood, determined that they could 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 378 - A new trial is a rehearing of the cause before another jury; but with as little prejudice to either party, as if it had never been heard before.
Page 348 - Challenges to the array are at once an exception to the whole panel, in which the jury are arrayed or set in order by the sheriff in his return ; and they may be made upon account of partiality or some default in the sheriff, or his under-officer who arrayed the panel.
Page 30 - This was formerly held every three weeks; and its most important business is to determine, by writ of right, all controversies relating to the right of lands within the manor.