Readings on the History and System of the Common LawJacob North, 1904 - Всего страниц: 404 |
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Стр. 80
... evidence , that can be given of the existence of such a custom as shall form a part of the com- mon law . The judgment itself , and all proceedings previous there- to , are carefully registered and preserved , under the name of rec ...
... evidence , that can be given of the existence of such a custom as shall form a part of the com- mon law . The judgment itself , and all proceedings previous there- to , are carefully registered and preserved , under the name of rec ...
Стр. 83
... evidence only of what the practice had been , guiding , but not compelling , those who consulted them to a conclusion . But when Blackstone wrote , each single de- cision standing by itself had already become an authority which no ...
... evidence only of what the practice had been , guiding , but not compelling , those who consulted them to a conclusion . But when Blackstone wrote , each single de- cision standing by itself had already become an authority which no ...
Стр. 84
... evidence thereof than the opinion of any private persons , as such , whatsoever ' ; and his contempo- rary Arthur Duck , remarks that the Common Law judges , in case of difficulty ' non recurrunt ad ius civile Romanorum , ut apud alias ...
... evidence thereof than the opinion of any private persons , as such , whatsoever ' ; and his contempo- rary Arthur Duck , remarks that the Common Law judges , in case of difficulty ' non recurrunt ad ius civile Romanorum , ut apud alias ...
Стр. 87
... evidence of what the law is in like cases , which the courts are bound to fol- low not only in cases precisely like the one which was first deter- mined , but also in those which however different in their origin or special ...
... evidence of what the law is in like cases , which the courts are bound to fol- low not only in cases precisely like the one which was first deter- mined , but also in those which however different in their origin or special ...
Стр. 89
... evidence , could arise under the procedure of the Norman ( pre - Norman ) period . Both civil and criminal cases were tried in this way . Civil cases may be found in the records almost without number . Of trial by charters , little need ...
... evidence , could arise under the procedure of the Norman ( pre - Norman ) period . Both civil and criminal cases were tried in this way . Civil cases may be found in the records almost without number . Of trial by charters , little need ...
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act of parliament action adjudged answer appear application Assise assumpsit authority bill BLACKSTONE called cause Chancellor Chief Justice Circuit Court claim Coke command COMMENTARIES common law common pleas constitution contract counsel court of chancery court of equity crown Curia Regis custom damages debt decision declaration decree defendant demand determined detinue doctrine duty enacted England English English law entitled established evidence exchequer execution exercise existence fact grant habeas corpus hath injury issue judges judgment judicial jurisdiction jury king king's bench land law of England legislature let bot Lord Lord Coke matter ment nature oath opinion party person plaintiff plaintiff in error pleadings possession principle proceedings question realm reason record recover reign remedy replevin rule sheriff shillings statute sued suit Supreme Court term thing tion trespass trial tribunal United unless usage verdict witnesses writ of error wrong
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Стр. 214 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.
Стр. 35 - By marriage the husband and wife are one person in law ; that is the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband ; under whose wing, protection, and cover, she performs everything...
Стр. 111 - No freeman shall be taken, or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed or exiled, or any otherwise destroyed ; nor will we pass upon him, nor condemn him, but by lawful judgment of his peers, or by the law of the land.
Стр. 206 - That all men have a natural and indefeasible right to worship Almighty God according to -the dictates of their own consciences ; that no man can, of right, be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience ; and that no preference shall ever be given, by law, to any religious establishments or modes of worship.
Стр. 6 - That the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law.
Стр. 13 - It must be conceded that there are such rights in every free government beyond the control of the State. A government which recognized no such rights, which held the lives, the liberty and the property of its citizens subject at all times to the absolute disposition and unlimited control of even the most democratic depository of power, is after all but a despotism. It is true it is a despotism of the many, of the majority, if you choose to call it so, but it is none the less a despotism.
Стр. 298 - We have commanded you], that within Eight Days after the Service of this Writ on you, inclusive of the Day of such Service, you do cause...
Стр. 6 - Whereupon the deputies so appointed being now assembled, in a full and free representation of these colonies, taking into their most serious consideration, the best means of attaining the ends aforesaid, do, in the first place, as Englishmen, their ancestors in like cases have usually done, for asserting and vindicating their rights and liberties...
Стр. 207 - Thou shalt not covet ; and if there be any other commandment, it is briefly comprehended in this saying, namely, Thou shalt love thy neighbor as thyself. Love worketh no ill to his neighbor : therefore love is the fulfilling of the law.
Стр. 301 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished...