The New Instructor Clericalis: Stating the Authority, Jurisdiction, and Modern Practice of the Court of Common Pleas : with Directions for Commencing and Defending Actions, Entering Up Judgements, Suing Out Executions, and Proceeding in Error : to which are Added, the Rules of the Court, Modern Precedents ... the Whole Illustrated by Useful Notes and Observations ... with the Addition of Several New Titles and a Copious IndexAuthor, 1790 - 717ÆäÀÌÁö |
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35 ÆäÀÌÁö
... defendant , directed to his bailiffs , called fummoners , who either fummon- ed him perfonally , or left the fame at his houfe or place of abode . On this fummons the defendant either appeared , or effoigned or made default : if he ...
... defendant , directed to his bailiffs , called fummoners , who either fummon- ed him perfonally , or left the fame at his houfe or place of abode . On this fummons the defendant either appeared , or effoigned or made default : if he ...
36 ÆäÀÌÁö
... defendant had nothing by which he could be fum- moned , then the capias was awarded even in debt , by Stat . 25 Ed . 3. c . 17. and in actions on the cafe by the 19 H. 7. c . 9. If the defendant could not be arrested on the capias , the ...
... defendant had nothing by which he could be fum- moned , then the capias was awarded even in debt , by Stat . 25 Ed . 3. c . 17. and in actions on the cafe by the 19 H. 7. c . 9. If the defendant could not be arrested on the capias , the ...
38 ÆäÀÌÁö
... defendant , and having fo done , to return the writ ( when called on by a ule for that purpose ) , with a cepi corpus indorsed thereon . When the defendant is arrested , he muft either go to prifon for fafe custody , or put in special ...
... defendant , and having fo done , to return the writ ( when called on by a ule for that purpose ) , with a cepi corpus indorsed thereon . When the defendant is arrested , he muft either go to prifon for fafe custody , or put in special ...
42 ÆäÀÌÁö
... defendant , but is liable to be amerced to the king . Vide R. H. 9 Ann . f . 3 . When the plaintiff hath ftated his cafe in the declaration , it is incumbent on the defendant , with- in the time allowed him by the rules of the court ...
... defendant , but is liable to be amerced to the king . Vide R. H. 9 Ann . f . 3 . When the plaintiff hath ftated his cafe in the declaration , it is incumbent on the defendant , with- in the time allowed him by the rules of the court ...
47 ÆäÀÌÁö
... defendant confeffes or acknow- ledges the debt to be due ; and that is , where the creditor haraffes him with an action , after tender and refusal of the debt ; in this cafe it becomes neceffary for the defendant to acknowledge the debt ...
... defendant confeffes or acknow- ledges the debt to be due ; and that is , where the creditor haraffes him with an action , after tender and refusal of the debt ; in this cafe it becomes neceffary for the defendant to acknowledge the debt ...
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action affidavit affigned affizes aforefaid againſt alfo allocatur anſwer appear arreft attorney bail Barnes becauſe cafe capias caufe cauſe clerk cofts common confent Cooke's Rep copy cuftody damages debt declaration defendant delivered demurrer deponent difcharged Eafter ejectment entered execution executor faid A. B. faid C. D. faid court faid John faid Richard feal fecond fecondary fendant ferved fervice fet afide fhall fheriff fhould figned filacer filed firft fome fpecial ftamp ftatute fuch fued fufficient fuit fummons fworn given habeas corpus hath himſelf ibid iffue John Doe judge juftices jury laft London Lord Loughborough ment Middlefex muft muſt neceffary nonfuit notice of trial outlawry party perfon plaintiff plaintiff's attorney plea plead poffeffion pr©¡cipe prefent prifoner proceed proceedings profecute promifes prothonotaries purpoſe reafon Richard Fenn rule ſaid ſhall tenant term thereof tiel trefpafs verdict warrant Westminster Wilf writ of error
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74 ÆäÀÌÁö - In this distinct and separate existence of the judicial power in a peculiar body of men, nominated indeed, but not removable at pleasure, by the crown, consists one main preservative of the public liberty which cannot subsist long in any state unless the administration of common justice be in some degree separated both from the legislative and also from the executive power.
30 ÆäÀÌÁö - ... if, in any of the said actions or suits, judgment be given for the plaintiff, and the same be reversed by error, or a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment, the judgment be given against the plaintiff, that he take nothing by his plaint, writ, or bill...
364 ÆäÀÌÁö - Warwick aforesaid, by whom the truth of the matter may be the better...
9 ÆäÀÌÁö - A custom to pay two-pence an acre in lieu of tithes, is good ; but to pay sometimes two-pence, and sometimes three-pence, as the occupier of the land pleases, is bad for its uncertainty. Yet a custom, to pay a year's improved value for a fine on a copyhold estate, is good ; though the value is a thing uncertain : for the value may at any time be ascertained ; and the maxim of law is, id certum est, quod certum reddi potest.
30 ÆäÀÌÁö - And be it further enacted, That all Actions of Trespass, Quare clausum fregit, all Actions of Trespass, Detinue, Action sur Trover, and Replevin for taking away of Goods and Cattle, all Actions of Account, and upon the Case, other than such Accounts as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants...
16 ÆäÀÌÁö - 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.
74 ÆäÀÌÁö - I, c. 10, which abolished the court of star chamber, effectual care is taken to remove all judicial power out of the hands of the king's privy council ; who, as then was evident from recent instances, might soon be inclined to pronounce that for law which was most agreeable to the prince or his officers.
58 ÆäÀÌÁö - And, after issue or demurrer joined, as well as in some of the previous stages of proceeding, a day is continually given and entered upon the record, for the parties to appear on from time to time, as the exigence of the case may require. The giving of this day is called the continuance, because thereby the proceedings are continued without interruption from one adjournment to another.
8 ÆäÀÌÁö - To this head may most properly be referred a particular system of customs used only among one set of the king's subjects, called the custom of merchants, or lex mercatoria : which, however different from the general rules of the common law, is yet ingrafted into it, and made a part of it (¢¯) ; being allowed, for the benefit of trade, to be of the utmost validity in all commercial transactions : for it is a maxim of law, that " cuilibet in sua arte credendum est (13).
20 ÆäÀÌÁö - The least touching of another's person wilfully, or in anger, is a battery; for the law cannot draw the line between different degrees of violence, and therefore totally prohibits the first and lowest stage of it : every man's person being sacred, and no other having a right to meddle with it} in any the slightest manner.