Commentaries on the Laws of England, Volume 2Bancroft-Whitney, 1916 - Law |
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Page 1407
... Pleading 293 XXI . Of Issue and Demurrer .. 314 XXII . Of the Several Species of Trial . 325 XXIII . Of the Trial by Jury ...... 349 XXIV . Of Judgment , and Its Incidents .... 386 XXV . Of Proceedings in the Nature of Appeals . XXVI ...
... Pleading 293 XXI . Of Issue and Demurrer .. 314 XXII . Of the Several Species of Trial . 325 XXIII . Of the Trial by Jury ...... 349 XXIV . Of Judgment , and Its Incidents .... 386 XXV . Of Proceedings in the Nature of Appeals . XXVI ...
Page 1422
... Pleadings 293 Note : Pleadings under the codes . 293n § 370 . 1. The declaration 293 § 371 . a . Venue 294 $ 372 . b . Counts 295 Note : Inconsistent counts in code pleading .. 295n § 373 . c . Nonsuit 295 § 374 . d . Retraxit 296 $ 375 ...
... Pleadings 293 Note : Pleadings under the codes . 293n § 370 . 1. The declaration 293 § 371 . a . Venue 294 $ 372 . b . Counts 295 Note : Inconsistent counts in code pleading .. 295n § 373 . c . Nonsuit 295 § 374 . d . Retraxit 296 $ 375 ...
Page 1423
... pleading ..... 305n $ 396 . § 397 . § 398 . 8 399 . § 400 . § 401 . § 402 . § 403 . ( a ) The general issue 305 ( b ) ... Pleading : replication ; rejoinder ; surrejoinder ; re- butter ; surrebutter 309 Note : Pleading under the Judicature ...
... pleading ..... 305n $ 396 . § 397 . § 398 . 8 399 . § 400 . § 401 . § 402 . § 403 . ( a ) The general issue 305 ( b ) ... Pleading : replication ; rejoinder ; surrejoinder ; re- butter ; surrebutter 309 Note : Pleading under the Judicature ...
Page 1424
... pleading ( 1 ) Verification § 413 . ( 2 ) Tender of 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 ...
... pleading ( 1 ) Verification § 413 . ( 2 ) Tender of 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 ...
Page 1427
... 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 .... 396n § 521 . e . Interlocutory ...
... 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 .... 396n § 521 . e . Interlocutory ...
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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...