... damage done, or other cause ; or else, if he justifies in another's right as his bailiff or servant, he is said to make cognizance ; that is, he acknowledges the taking, but insists that such taking was legal, as he acted by the command of one who... The practice of the sheriff's court of ... Cornwall - Side 106av George Blaxland Rogers - 1824 - 149 siderUten tilgangsbegrensning - Om denne boken
| John Paul - 1791 - 230 sider
...Ceu. :, c. 19. poll. fendant, fendant, in replevin, acknowledges the taking, but infifts, that fuch taking was legal, as he acted by the command of one who had a right to diftrain ; and, therefore, one de- Ydr. 108. fendant may avow, and the other make conufance in his... | |
| William Blackstone - 1794 - 588 sider
...fervant, he is faid to make Cognizance ; that is, he ackno-wleges the taking, but infills that fuch taking was legal, as he acted by the command of one who had a right to ci;il nm : and on the truth and legal merits of this avowry or cognizance the caufe is determined.... | |
| Massachusetts, William Charles White - 1810 - 208 sider
...in his own right, or the right of his wife, but in right of another as his bailiff or servant, then he is said to make cognizance ; that is, he acknowledges the taking, and insists that such taking was legal, not because he himself had the right, on his own account, but... | |
| sir William Blackstone - 1825 - 568 sider
...forth the reason of it, as for rent arrere, damage done, or other cause ; or else, if he justifies in another's right as his bailiff or servant, he is...he acted by the command of one who had a right to distrein ; and on the truth and legal merits of this avowry or cognizance the cause is determined.... | |
| Sir Edward Coke - 1826 - 734 sider
...place mon befor the seised in fee of *|jc manor of t|,e' ^¡jr|oo acres are parcel. make cognisance, that is, he acknowledges the taking, but insists that...by the command of one who had a right to distrain. Infra n. (F). As to the declaration in this action in general, see Com. Dig. Plead. 3 K. 10. Bac. Abr.... | |
| Sir Edward Coke, John Henry Thomas - 1836 - 772 sider
...sets forth the reason of it, as for rent arere, damage done, or olher cause : or else, if he justifies in another's right as his bailiff or servant, he is...the command of one who had a right to distrain. And if the plaintiff have a verdict he shall recover damages, FNB 69 ; or if the defendant prevail, by... | |
| Richard Shipman - 1841 - 772 sider
...damage done, or other canse: or else he justifies in another" s right as his bailiff or servant, who is said to make cognizance ; that is, he acknowledges...the command of one who had a right to distrain ; and in the truth and legal merits of this avowry or cognizance, the cause is determined. If it be determined... | |
| 1848 - 558 sider
...forth the reason of it, as for rent arrear, damage done, or other cause ; or else, if he justifies in another's right, as his bailiff or servant, he is said to make cognisance, that is, he acknowledges the taking, but insiststhat such taking was legal, as he acted... | |
| Alexander Mansfield Burrill - 1859 - 736 sider
...the fine itself derived its name, as being sur cognizance de droit, «te., COG COG distress, by which he acknowledges the taking, but insists that such...by the command of one who had a right to distrain. 3 Bl. Com. 149. See Cogno&cere. Judicial notice, or examination ; the hearing of a matter judicially.... | |
| Josiah William Smith - 1862 - 466 sider
...the bailiff or servant of such other person ; in which case he is said to make cognisance, because he acknowledges the taking, but insists that such taking was legal, as he acted by the command of a person who had a right to distrain. And on the truth or merits of this avowry or cognisance, the... | |
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