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 - 717 страница |
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Страница 60
... last continuance the defendant it be verified by on the 30th of January pleaded generally , that affidavit . puis darrein continuance , viz . on fuch a day he became a bankrupt , and that the cause of action cannot be reject . did ...
... last continuance the defendant it be verified by on the 30th of January pleaded generally , that affidavit . puis darrein continuance , viz . on fuch a day he became a bankrupt , and that the cause of action cannot be reject . did ...
Страница 61
... last continuance ( which is the re- turn of the venire ) was upon the 27th of January ; and this plea was put in upon the 30th of January , which is quarto die poft of that return . The court were clearly of opinion they had it not in ...
... last continuance ( which is the re- turn of the venire ) was upon the 27th of January ; and this plea was put in upon the 30th of January , which is quarto die poft of that return . The court were clearly of opinion they had it not in ...
Страница 62
... last fitting within the term , then if a general return happens after that day , that is , the proper return day for the return : if after term , the first general return day of the next term : if it is a country caufe , the venire is ...
... last fitting within the term , then if a general return happens after that day , that is , the proper return day for the return : if after term , the first general return day of the next term : if it is a country caufe , the venire is ...
Страница 77
... last days ) at their office , in the forenoon from eleven to one , and ail attend in the afternoon from fix to eight . There are three fecondaries in this court ; one be- Secondaries . longing to each prothonotary , who has the nomi ...
... last days ) at their office , in the forenoon from eleven to one , and ail attend in the afternoon from fix to eight . There are three fecondaries in this court ; one be- Secondaries . longing to each prothonotary , who has the nomi ...
Страница 113
... 2d day of at Weftminßer . February , being the Purification . The first and last days of every term are the days Appearance of appearance . days . 1 Obfervations What days are to be avoided on process . Obfervations Of the Terms . 113.
... 2d day of at Weftminßer . February , being the Purification . The first and last days of every term are the days Appearance of appearance . days . 1 Obfervations What days are to be avoided on process . Obfervations Of the Terms . 113.
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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 præcipe 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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Страница 74 - 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.
Страница 30 - ... 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...
Страница 364 - Warwick aforesaid, by whom the truth of the matter may be the better...
Страница 9 - 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.
Страница 30 - 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...
Страница 16 - 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.
Страница 74 - 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.
Страница 58 - 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.
Страница 8 - 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).
Страница 20 - 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.