Readings on the History and System of the Common LawJacob North, 1904 - Всего страниц: 404 |
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Стр. 75
... plaintiff was permitted to issue a writ charging the defendant with a trespass , which being then a cause for which a man might be arrested , he was taken and committed to the Mar- shalsea ; and , being once there , the plaintiff might ...
... plaintiff was permitted to issue a writ charging the defendant with a trespass , which being then a cause for which a man might be arrested , he was taken and committed to the Mar- shalsea ; and , being once there , the plaintiff might ...
Стр. 85
... plaintiff , arguendo ) : But consider whether he shall be admitted to aver these three causes : for the judgment to be by you now given will hereafter be an authority in every quare non admisit in England ; therefore consider if he ...
... plaintiff , arguendo ) : But consider whether he shall be admitted to aver these three causes : for the judgment to be by you now given will hereafter be an authority in every quare non admisit in England ; therefore consider if he ...
Стр. 100
... plaintiff ) prayed judgment on the verdict , etc. Thorpe , ( C. J. ) said they were all agreed that this was not a verdict taken from xi and that a verdict could not be taken from xi . But Kirketon told 100 READINGS ON THE COMMON LAW .
... plaintiff ) prayed judgment on the verdict , etc. Thorpe , ( C. J. ) said they were all agreed that this was not a verdict taken from xi and that a verdict could not be taken from xi . But Kirketon told 100 READINGS ON THE COMMON LAW .
Стр. 103
... plaintiff in the cause ; what the Jurors shall so certify in the Laws of England , is called the verdict . In pursuance of which verdict , the Justices shal ! render and form their judgment . Notwithstanding if the party , against whom ...
... plaintiff in the cause ; what the Jurors shall so certify in the Laws of England , is called the verdict . In pursuance of which verdict , the Justices shal ! render and form their judgment . Notwithstanding if the party , against whom ...
Стр. 106
... plaintiff , unless they know payment was made of their own knowl- edge , according to the plea . And it is absurd to fine a jury for finding against their evidence , when the judge knows but part of it ; for the better and greater part ...
... plaintiff , unless they know payment was made of their own knowl- edge , according to the plea . And it is absurd to fine a jury for finding against their evidence , when the judge knows but part of it ; for the better and greater part ...
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Часто встречающиеся слова и выражения
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...