Commentaries on the Laws of England,: In Four Books, Volume 3A. Strahan, 1800 - Law |
From inside the book
Results 1-5 of 63
Page 88
... evidence that the land had been as far as any witnefs knew in pasture , and that it was never known to pay in predial tithe , was not fufficient to defeat the action . The fame action might alle be supported to recover tithes of lands ...
... evidence that the land had been as far as any witnefs knew in pasture , and that it was never known to pay in predial tithe , was not fufficient to defeat the action . The fame action might alle be supported to recover tithes of lands ...
Page 105
... evidence of families , descents , and coat - armour ) that , though formerly fome credit has been paid to their testimony , now even their common seal will not be received as evidence in any court of juftice in the kingdom . But their ...
... evidence of families , descents , and coat - armour ) that , though formerly fome credit has been paid to their testimony , now even their common seal will not be received as evidence in any court of juftice in the kingdom . But their ...
Page 120
... evidence that the perfon affaulted or beat was the first affailant , or that he firft made an attack upon the de- fendant himself , his wife , his father , fon , mafter , or perhaps , fervant ( fee p . 3. n . 1. ante ) ; and , upon ...
... evidence that the perfon affaulted or beat was the first affailant , or that he firft made an attack upon the de- fendant himself , his wife , his father , fon , mafter , or perhaps , fervant ( fee p . 3. n . 1. ante ) ; and , upon ...
Page 121
... vifum vulneris , and upon proof that it is the fame wound , concerning which evidence was given to the jury . 1 Wilf . 5. 1 Barnes , 106 . * is an univerfal remedy , given for all perfonal K 3 is Ch . 8 . 121 WRONG S.
... vifum vulneris , and upon proof that it is the fame wound , concerning which evidence was given to the jury . 1 Wilf . 5. 1 Barnes , 106 . * is an univerfal remedy , given for all perfonal K 3 is Ch . 8 . 121 WRONG S.
Page 140
... evidence of mar- riage ( 12 ) . 3. The third injury is that of beating a man's wife , b Burr . 2057 . ( 12 ) Evidence may be given in mitigation of damages , that the hufband had criminal connections with other women , or that he was ...
... evidence of mar- riage ( 12 ) . 3. The third injury is that of beating a man's wife , b Burr . 2057 . ( 12 ) Evidence may be given in mitigation of damages , that the hufband had criminal connections with other women , or that he was ...
Other editions - View all
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.