Commentaries on the Laws of England,: In Four Books, Volume 3A. Strahan, 1800 - 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 feveral remedies by fuit : and , to that end , shall 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 feveral remedies by fuit : and , to that end , shall distribute the re- dress of private wrongs into ...
Page 7
... allowed , left the beafts fhould efcape before they are taken . And , when a perfon intends to make a distress , he must , by himself , or his bailiff , enter on the demised premises ; for- merly during the continuance of the leafe ...
... allowed , left the beafts fhould efcape before they are taken . And , when a perfon intends to make a distress , he must , by himself , or his bailiff , enter on the demised 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 perfon 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 perfon in poffeffion of the freehold , there is no other person ...
Page 40
... allowed to determine all causes 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 causes 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 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.