Commentaries on the Laws of England: In Four Books, Volumen3A. Strahan and W. Woodfall, law-printers to the King, 1791 |
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Página 3
... parties co - operating with the act of law . AND , first , of that redress of private injuries , which is ob- tained by the mere act of the parties . This is of two forts ; first , that which arifes from the act of the injured party ...
... parties co - operating with the act of law . AND , first , of that redress of private injuries , which is ob- tained by the mere act of the parties . This is of two forts ; first , that which arifes from the act of the injured party ...
Página 5
... party himself , for an injury to his perfonal property , fo , thirdly , a remedy of the fame kind for injuries to real property , is by entry on lands and tenements , when another perfon without any right has taken poffeffion thereof ...
... party himself , for an injury to his perfonal property , fo , thirdly , a remedy of the fame kind for injuries to real property , is by entry on lands and tenements , when another perfon without any right has taken poffeffion thereof ...
Página 14
... party replevying gives return the distress , if the right be determined aga it مكانة . THIS kind of diftrefs , though it puts the owne venience , and is therefore a punishment to him , continues obftinate and will make no fatisfaction o ...
... party replevying gives return the distress , if the right be determined aga it مكانة . THIS kind of diftrefs , though it puts the owne venience , and is therefore a punishment to him , continues obftinate and will make no fatisfaction o ...
Página 15
... party injured . I fhall , next , briefly mention fuch as arife from the joint act of all the parties to- gether . And thefe are only two , accord , and arbitration . I. ACCORD is a fatisfaction agreed upon between the party injuring and the ...
... party injured . I fhall , next , briefly mention fuch as arife from the joint act of all the parties to- gether . And thefe are only two , accord , and arbitration . I. ACCORD is a fatisfaction agreed upon between the party injuring and the ...
Página 18
... party injured is a bar of all actions , whether he thinks proper to accept such amends or no . II . ARBITRATION is where the parties , injuring and in- jured , fubmit all matters in difpute , concerning any perfonal chattels or personal ...
... party injured is a bar of all actions , whether he thinks proper to accept such amends or no . II . ARBITRATION is where the parties , injuring and in- jured , fubmit all matters in difpute , concerning any perfonal chattels or personal ...
Términos y frases comunes
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 equity damages debt defendant deforcement detinue diffeifin diftreined diſtreſs ecclefiaftical Edward Coke Eliz entry eſtabliſhed faid faid Charles faid Richard faid William fame fatisfaction fecond fhall fheriff fhew fhould fince Finch firſt fome fpecies freehold ftatute ftill fubject fuch fufficient fuit fummon hath himſelf iffue impriſonment Inft injury itſelf judges judgment juftice jurifdiction jurors jury king's bench lands Litt lord the king moſt muſt nufance obferved otherwife party perfon plaintiff plead poffeffion prefent procefs profecution purpoſe queſtion reafon recover redrefs refpect remedy ſhall ſpecial ſpecies ſtated ſuch tenant thefe themſelves theſe thofe thoſe trefpafs treſpaſs trial ufually unleſs uſe uſually verdict Weſtminſter wherein William Kent writ of right
Pasajes populares
Página 313 - And when he that denies or traverses the fact pleaded by his antagonist has tendered the issue, thus, "and this he prays may be inquired of by the country;" or, " and of this he puts himself upon the country ;" it may immediately be subjoined by the other party, " and the said AB doth the like.
Página 340 - Then shall an oath of the LORD be between them both, that he hath not put his hand unto his neighbour's goods; and the owner of it shall accept thereof, and he shall not make it good.
Página 2 - ... or the rights of persons; or they are, secondly, such as a man may acquire over external objects, or things unconnected with his person, which are styled " jura rerum,
Página 350 - ... that he cause to come here, on such a day, twelve free and lawful men, liberos et legales homines, of the body of his county, by whom the truth of the matter may be better known, and who are neither of kin to the aforesaid A nor the aforesaid B, to recognize the truth of the issue between the said parties.
Página 159 - Evidence, therefore, of the agreement cannot be received without the writing or secondary evidence of its contents : 1. An agreement that by its terms is not to be performed within a year from the making thereof ; 2.
Página 130 - Such is, lastly, the common writ ad faciendum ct recipiendum, which issues out of any of the courts of Westminster hall, when a person is sued in some inferior jurisdiction, and is desirous to remove the action into the superior court; commanding the inferior judges to produce the body of the defendant, together with the day and cause of his caption and detainer (whence the writ is frequently denominated an habeas corpus cum causa) to do and receive whatsoever the king's court shall consider in that...
Página 28 - A custom has of late years prevailed of granting letters patent of precedence to such barristers, as the crown thinks proper to honour with that mark of distinction : whereby they are entitled to such rank and pre-audience as are assigned in their respective patents ; sometimes next after the king's attorneygeneral, but usually next after his majesty's counsel then being.
Página 377 - ... the state, their decisions, in spite of their own natural integrity, will have frequently an involuntary bias towards those of their own rank and dignity ; it is not to be expected from human nature, that the few should be always attentive to the interests and good of the many.
Página 109 - I am next to consider such injuries as are cognizable by the courts of the common law. And herein I shall for the present only remark that all possible injuries whatsoever that did not fall within the exclusive cognizance of either the ecclesiastical, military or maritime tribunals, are for that very reason within the cognizance of the common law courts of justice; for it is a settled and invariable...