Commentaries on the Laws of England,: In Four Books, Volume 3A. Strahan, 1800 - Law |
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Page 12
... lies only in prender , and not in render ) the lord may seise the identical thing itself , but cannot diftrein any ... lie in franchise ; as waifs , wrecks , eftrays , deodands , and the like ; all which the perfon entitled thereto may ...
... lies only in prender , and not in render ) the lord may seise the identical thing itself , but cannot diftrein any ... lie in franchise ; as waifs , wrecks , eftrays , deodands , and the like ; all which the perfon entitled thereto may ...
Page 32
... lies , in the nature of an appeal , to the courts at Westminster ; which are now alfo bound by the statute 19 Geo . III . c . 70. to iffue writs of execution , in aid of its a 4 Inft . 272 . Ruth . c . 4 . ་ Barrington's obfervat , on ...
... lies , in the nature of an appeal , to the courts at Westminster ; which are now alfo bound by the statute 19 Geo . III . c . 70. to iffue writs of execution , in aid of its a 4 Inft . 272 . Ruth . c . 4 . ་ Barrington's obfervat , on ...
Page 34
... lies to the courts at Westminster to rehear and review the caufe , and not a writ of error ; for this is not a court of re- cord : and therefore , in fome of these writs of removal , the first direction given is to cause the plaint to ...
... lies to the courts at Westminster to rehear and review the caufe , and not a writ of error ; for this is not a court of re- cord : and therefore , in fome of these writs of removal , the first direction given is to cause the plaint to ...
Page 40
... lies from this court into the court of king's bench . m 4 Inft . 99 . King James I. during the greater part of his reign , appointed five judges in the courts of king's bench and common pleas , for the benefit of a cafting voice in cafe ...
... lies from this court into the court of king's bench . m 4 Inft . 99 . King James I. during the greater part of his reign , appointed five judges in the courts of king's bench and common pleas , for the benefit of a cafting voice in cafe ...
Page 44
... lies also from the court of king's bench in Ireland ( 5 ) . Yet even this fo high and honourable court is not the dernier refort of the subject : for , if he be not fatisfied with any determination here , he may remove it by writ of ...
... lies also from the court of king's bench in Ireland ( 5 ) . Yet even this fo high and honourable court is not the dernier refort of the subject : for , if he be not fatisfied with any determination here , he may remove it by writ of ...
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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.