Commentaries on the Laws of England, Volume 2Bancroft-Whitney, 1916 - Law |
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Page 1418
... ( 2 ) Requisites of action of ejectment ... ( 3 ) Use of fictions in ejectment .. ( 4 ) The real issue ( 5 ) Protection of real parties ... 200 200 : . 200n 201 202 204 204 § 266 . $ 267 . [ References are to xiv OUTLINE - BOOK III .
... ( 2 ) Requisites of action of ejectment ... ( 3 ) Use of fictions in ejectment .. ( 4 ) The real issue ( 5 ) Protection of real parties ... 200 200 : . 200n 201 202 204 204 § 266 . $ 267 . [ References are to xiv OUTLINE - BOOK III .
Page 1424
... issue CHAPTER XXI . 311 311 311 313 313 313 OF ISSUE AND DEMURRER . § 414. Proceedings in an action continued .. 314 IV . Issue 314 § 415 . 1. Issue as to law : demurrer . 314 Note : Issues of law .. 314n § 416 . 417 . 2. Issue of fact ...
... issue CHAPTER XXI . 311 311 311 313 313 313 OF ISSUE AND DEMURRER . § 414. Proceedings in an action continued .. 314 IV . Issue 314 § 415 . 1. Issue as to law : demurrer . 314 Note : Issues of law .. 314n § 416 . 417 . 2. Issue of fact ...
Page 1427
... issue .. 393 $ 517 . ( 3 ) For insufficient pleading . 394 § 518 . ( a ) Immaterial issues 395 $ 519 . c . Kinds of judgment .... 396 § 520 . d . Nature of the judgment .. 396 Note : Judgments formed by act of the law , not of the judge ...
... issue .. 393 $ 517 . ( 3 ) For insufficient pleading . 394 § 518 . ( a ) Immaterial issues 395 $ 519 . c . Kinds of judgment .... 396 § 520 . d . Nature of the judgment .. 396 Note : Judgments formed by act of the law , not of the judge ...
Page 1443
... issue §383 . a . Replication of " cul . prit . " Note : The word " culprit " $ 384 . b . Issue joined CHAPTER XXVII . 332 332n 333 333 334n 334 335 335 335n 336 336 337 338 339 339n 340 OF TRIAL AND CONVICTION . § 385. VII . The several ...
... issue §383 . a . Replication of " cul . prit . " Note : The word " culprit " $ 384 . b . Issue joined CHAPTER XXVII . 332 332n 333 333 334n 334 335 335 335n 336 336 337 338 339 339n 340 OF TRIAL AND CONVICTION . § 385. VII . The several ...
Page 1461
... issue , or de- murrer . 5. The trial . 6. The judgment . 7. The proceedings in nature of appeal . 8. The execution 270 ... 272 3. The original writ is the beginning or foundation of a suit , and is either optional ( called a praecipe ) ...
... issue , or de- murrer . 5. The trial . 6. The judgment . 7. The proceedings in nature of appeal . 8. The execution 270 ... 272 3. The original writ is the beginning or foundation of a suit , and is either optional ( called a praecipe ) ...
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Other editions - View all
Common terms and phrases
abatement action of trespass admiralty ancient appeal assize assumpsit Blackstone breach brought called chancellor chancery CHAPTER chattels civil clergy cognizance committed common law common pleas contract court of chancery court of chivalry court of equity court of king's courts of common crown defendant deforcement determined detinue disseisin distrained distress ecclesiastical courts Edward ejectment England exchequer fact fee simple felony Finch freehold habeas corpus hath Henry VIII Hist Ibid imprisonment injury Inst issue judge judgment jurisdiction jury justice king king's bench land liable Litt lord matter nature nuisance offense original ouster owner parliament party Penalty person plaintiff pleading possession principle proceedings prosecution punishment real actions reason redress remedy rent replevin rule seisin sheriff species star paging Stat statute suit tenant tion trial verdict Westm wherein writ of entry writ of error writ of right wrong
Popular passages
Page 1777 - It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past.
Page 2372 - So ye shall not pollute the land wherein ye are: for blood it defileth the land: and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it.
Page 2043 - Equity is a Roguish thing, for Law we have a measure, know what to trust to, Equity is according to the Conscience of him that is Chancellor, and as that is larger or narrower, so is Equity. 'Tis all one as if they should make the Standard for the measure, we call [a Foot] a Chancellor's Foot, what an uncertain Measure would this be?
Page 2321 - ... for a period not to exceed five years, upon conviction of the offense of having knowingly and fraudulently appropriated to his own use, embezzled, spent or unlawfully transferred any property or secreted or destroyed any document belonging to a bankrupt estate which came into his charge as trustee.
Page 2317 - But to punish as the law does at present any dangerous or offensive writings, which, when published, shall on a fair and impartial trial be adjudged of a pernicious tendency, is necessary for the preservation of peace and good order, of government and religion, the only solid foundations of civil liberty.
Page 1780 - ... anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another, (a) We will therefore, first, mark out the several kinds of nuisances, and then their respective remedies.
Page 2410 - There must, in general, be an actual breaking, not a mere legal clausum, fregit, breaking the close (by leaping over invisible ideal boundaries, which may constitute a civil trespass), but a substantial and forcible irruption ; as at least by breaking, or taking out the glass of, or otherwise opening, a window; picking a lock, or opening it with a key; nay, by lifting up the latch of a door, or unloosing any other fastening which the owner has provided.
Page 1554 - He is the general guardian of all infants, idiots and lunatics ; and has the general superintendence of all charitable uses in the kingdom. And all this over and above the vast and extensive jurisdiction which he exercises in his judicial capacity in the court of chancery...
Page 2374 - That all murder, which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder in the second degree...
Page 1587 - ... it cometh to pass upon the loss or perishing of any ship, there followeth not the undoing of any man, but the loss lighteth rather easily upon many than heavily upon few and rather upon them that adventure not than those that do adventure, whereby all merchants especially of the younger sort, are allured to venture more willingly and more freely...