Commentaries on the Laws of England: In Four Books, Volume 2Callaghan, 1876 - Law |
From inside the book
Results 1-5 of 96
Page 6
... matter of fact or matter of law , 314-324 .... issue of law is called a demurrer , and it admits the facts to be true , as stated , but denies their legal sufficiency , ... this issue is tried by the court , issues of fact are to be ...
... matter of fact or matter of law , 314-324 .... issue of law is called a demurrer , and it admits the facts to be true , as stated , but denies their legal sufficiency , ... this issue is tried by the court , issues of fact are to be ...
Page 7
... matter extrinsic the record , as for misbehavior of party or jury , excessive damages , & c . , ... for which cause must be shown by affidavit , if the matter was not ap- parent to the judge , .... and terms may be imposed , 2. judgment ...
... matter extrinsic the record , as for misbehavior of party or jury , excessive damages , & c . , ... for which cause must be shown by affidavit , if the matter was not ap- parent to the judge , .... and terms may be imposed , 2. judgment ...
Page 11
... matter if it is successful , .. 135 14. compounding information on penal statutes , .... 136 15. conspiracy to indict an innocent man of felony , ... 136 and sending letters threatening to accuse of crime ,. 137 16. perjury , which is ...
... matter if it is successful , .. 135 14. compounding information on penal statutes , .... 136 15. conspiracy to indict an innocent man of felony , ... 136 and sending letters threatening to accuse of crime ,. 137 16. perjury , which is ...
Page 18
... matters therein contained shall , if disputed , be tried and determined by a jury . These courts can hold no plea of matters cognizable by the common law , unless under the value of 40s . nor of any forcible injury whatsoever , not ...
... matters therein contained shall , if disputed , be tried and determined by a jury . These courts can hold no plea of matters cognizable by the common law , unless under the value of 40s . nor of any forcible injury whatsoever , not ...
Page 19
... Matter of Mills , 1 Mich . 393 ; In re Percy 36 N. Y. 651 ; matter of Blake , 3 El . and El . 33. A person appearing as attorney is presumed to have due authority , Lagow v . Patter on , 1 Blackf . 32 ; Osborne v . Bank of U. S. , 9 ...
... Matter of Mills , 1 Mich . 393 ; In re Percy 36 N. Y. 651 ; matter of Blake , 3 El . and El . 33. A person appearing as attorney is presumed to have due authority , Lagow v . Patter on , 1 Blackf . 32 ; Osborne v . Bank of U. S. , 9 ...
Contents
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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...