Commentaries on the Laws of England: In Four Books, Volume 2Callaghan, 1876 - Law |
From inside the book
Results 1-5 of 97
Page 13
... defendant . By the common law procedure act , 1852 , section 70 , the defendant in all actions ( except actions for assault and battery , false imprisonment , libel , slander , malicious arrest or prosecution , criminal conversation or ...
... defendant . By the common law procedure act , 1852 , section 70 , the defendant in all actions ( except actions for assault and battery , false imprisonment , libel , slander , malicious arrest or prosecution , criminal conversation or ...
Page 29
... defendant liable in strictness to pay a fine to the king , as well as damages to the injured party . ( u ) The same doctrine is also now extended to all actions on the case whatsoever ; ( w ) but no action of debt or detinue , or other ...
... defendant liable in strictness to pay a fine to the king , as well as damages to the injured party . ( u ) The same doctrine is also now extended to all actions on the case whatsoever ; ( w ) but no action of debt or detinue , or other ...
Page 50
... defendant resides in Wales , if the plaintiff shall not recover a verdict for ten pounds , he shall be nonsuited and pay the defendant's costs , unless it be certified by the judge that the freehold or title came principally in question ...
... defendant resides in Wales , if the plaintiff shall not recover a verdict for ten pounds , he shall be nonsuited and pay the defendant's costs , unless it be certified by the judge that the freehold or title came principally in question ...
Page 62
... defendant's answer upon oath , when if he denies or extenuates the charge , they proceed to proofs by witnesses examined , and their depositions taken down in writing , by an officer of the court . If the defendant has any circumstances ...
... defendant's answer upon oath , when if he denies or extenuates the charge , they proceed to proofs by witnesses examined , and their depositions taken down in writing , by an officer of the court . If the defendant has any circumstances ...
Page 78
... defendant of the libel or words to a third person , and also that such person understood the words in the sense the plaintiff wishes to establish , or that they necessarily have that meaning . 1 Rol . Ab . 74 ; Cro . Eliz . 857 , 861 ...
... defendant of the libel or words to a third person , and also that such person understood the words in the sense the plaintiff wishes to establish , or that they necessarily have that meaning . 1 Rol . Ab . 74 ; Cro . Eliz . 857 , 861 ...
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Common terms and phrases
act of parliament action aforesaid afterwards ancient appear assize bail benefit of clergy cause chancery Charles Long chattels civil cognizance committed common law convicted court of equity court of king's court-leet crime criminal crown damages death debt declaration defendant detinue distrained distress East ecclesiastical Eliz enacted England entry evidence execution fact felony forfeiture freehold guilty habeas corpus hath Hawk Ibid imprisonment indictment injury Inst issue judges judgment jurisdiction jurors jury justice kill king king's bench lands larceny Litt lord matter misdemeanor murder nature nuisance oath offence parliament party peace penalties person plaintiff plead possession principal prisoner proceedings prosecution punishment Raym recover reign remedy seisin sheriff Sir Edward Coke species Stat statute Stra sufficient suit tenant therein tion trespass trial unless verdict witnesses writ of right
Popular passages
Page 414 - So ye shall not pollute the land wherein ye are: for blood it defileth the land: and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it.
Page 28 - It keeps all inferior jurisdictions within the bounds of their authority, and may either remove their proceedings to be determined here, or prohibit their progress below. It superintends all civil corporations in the kingdom. It commands magistrates and others to do what their duty requires, in every case where there is no other specific remedy. It protects the liberty of the subject, by speedy and summary interposition.
Page 4 - ... anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another, (a) We will therefore, first, mark out the several kinds of nuisances, and then their respective remedies.
Page 331 - ... the sacrament of the Lord's supper, according to the usage of the church of England...
Page 451 - Forgery at common law has been defined as 'the fraudulent making or alteration of a writing to the prejudice of another man's right
Page 105 - Implied are such as reason and justice dictate, and which therefore the law presumes that every man undertakes to perform.
Page 348 - ... it is accorded, that if any other case supposed treason which is not above specified, doth happen before any justices, the justices shall tarry without any going to judgment of the treason, till the cause be shewed and declared before the King and his parliament, whether it ought to be judged treason or other felony.
Page 498 - ... may be indicted and convicted either as an .accessory before the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony, whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice...
Page 71 - the being put in possession of that right whereof the party injured is deprived.
Page 345 - Or if a Man do levy War against our Lord the King in his Realm, or be adherent to the King's Enemies in his Realm, giving to them Aid and Comfort in the Realm or elsewhere...