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Commentaries on the Laws of England: In Four Books, Volum 4
Sir William Blackstone
Uten tilgangsbegrensning - 1791
action of debt action of trespass advowson aforesaid answer antient appear assise aster attorney award bail brought cafe called capias cause chancellor chancery Charles Long chattels clerk cognizance common law common pleas contract court of chancery court of equity court of king's courts of common crown damages declaration defendant deforcement demurrer determined detinue distreined distress ecclesiastical ejectment Eliz exchequer fame Finch freehold habeas corpus hath heir injury Inst issue judges judgment jurisdiction jurors jury justice king's bench lands Litt lord the king matter nature nusance oath original writ ouster person plaintiff plead possession proceedings prosecution real actions record recover redress reign remedy rent replevin Richard sact seised seisin sheriff sirst species statute suit tenant tenements thereupon thofe tion trespass trial usually verdict Westm Westminster whereby wherein William William Kent witnesses writ of error writ of right wrong
Side 315 - 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.
Side iii - ... 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,
Side 352 - ... 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.
Side 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.
Side 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...
Side 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.
Side 379 - ... 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.
Side 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...