Commentaries on the Laws of England: In Four Books, Volume 3A. Strahan and W. Woodfall, law-printers to the King, 1791 |
From inside the book
Results 1-5 of 17
Page 22
... detinue : I may either enter on the lands , on which I have a right of entry , or may demand poffeffion by a real action : I may either abate a nufance by my own authority , or call upon the law to do it for me : I may diftrein for rent ...
... detinue : I may either enter on the lands , on which I have a right of entry , or may demand poffeffion by a real action : I may either abate a nufance by my own authority , or call upon the law to do it for me : I may diftrein for rent ...
Page 43
... detinue , or other mere civil action , can by the common law be profecuted by any fubject in this court , by original writ out of chancery " ; though an action of debt , given by ftatute , may be brought in the king's bench as well as ...
... detinue , or other mere civil action , can by the common law be profecuted by any fubject in this court , by original writ out of chancery " ; though an action of debt , given by ftatute , may be brought in the king's bench as well as ...
Page 146
... detinue ( of which I fhall prefently fay more ) are almost the only actions , in which the actual specific poffession of the identical perfonal chattel is restored to the proper owner . For things perfonal are looked upon by the law as ...
... detinue ( of which I fhall prefently fay more ) are almost the only actions , in which the actual specific poffession of the identical perfonal chattel is restored to the proper owner . For things perfonal are looked upon by the law as ...
Page 152
... detinue " . In this action , of detinue , it is neceffary to ascertain the thing detained , in fuch a manner as that it may be fpecifically known and recovered . Therefore it cannot be brought for money , corn , or the like : for that ...
... detinue " . In this action , of detinue , it is neceffary to ascertain the thing detained , in fuch a manner as that it may be fpecifically known and recovered . Therefore it cannot be brought for money , corn , or the like : for that ...
Page 153
... detinue , that by a fiction of law actions of trover were at length permitted to be brought against any man , who had in his poffeffion by any means whatsoever the perfonal goods of another , and fold them or ufed them with- out the ...
... detinue , that by a fiction of law actions of trover were at length permitted to be brought against any man , who had in his poffeffion by any means whatsoever the perfonal goods of another , and fold them or ufed them with- out the ...
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 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
Popular passages
Page 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.
Page 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.
Page 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,
Page 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.
Page 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.
Page 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...
Page 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.
Page 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.
Page 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...