The New Instructor Clericalis: Stating the Authority, Jurisdiction, and Modern Practice of the Court of King's Bench |
From inside the book
Results 1-5 of 100
Page 1
... person injured . A court is defined to be a place wherein justice is duly Court defined . administered . Co. Lit. 58. And as , by our excellent constitution , the sole executive power of the laws is vested in the person of the king , it ...
... person injured . A court is defined to be a place wherein justice is duly Court defined . administered . Co. Lit. 58. And as , by our excellent constitution , the sole executive power of the laws is vested in the person of the king , it ...
Page 4
... person wherever he goes ; for which reason all process by original , issuing out of this court in the king's name is returnable , " ubicunque fuerimus in Anglia . " Usually sat at For some centuries past it hath usually sat at West ...
... person wherever he goes ; for which reason all process by original , issuing out of this court in the king's name is returnable , " ubicunque fuerimus in Anglia . " Usually sat at For some centuries past it hath usually sat at West ...
Page 9
... person applying , and invented to pre- serve men's persons and properties from the violence and injustice of others ; whereby the suitors are obliged to submit to the public the measure of their damages ; for were they allowed to be ...
... person applying , and invented to pre- serve men's persons and properties from the violence and injustice of others ; whereby the suitors are obliged to submit to the public the measure of their damages ; for were they allowed to be ...
Page 10
... person , qui tam pro domino rege , & c . quam pro seipso in hac parte sequitur . If the king commences the suit , he shall have the whole forfei- ture . But if any one hath begun a quilam or popular action , no other person can pursue ...
... person , qui tam pro domino rege , & c . quam pro seipso in hac parte sequitur . If the king commences the suit , he shall have the whole forfei- ture . But if any one hath begun a quilam or popular action , no other person can pursue ...
Page 11
... person complaining is called the plaintiff , and the person who is called upon to make satisfaction is called the defendant . . In real ac- tions names of the parties . Personal . If two actions be brought by the same plaintiff at the ...
... person complaining is called the plaintiff , and the person who is called upon to make satisfaction is called the defendant . . In real ac- tions names of the parties . Personal . If two actions be brought by the same plaintiff at the ...
Contents
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Common terms and phrases
affidavit aforesaid allocatur amend appear arrested assizes assumpsit bail-piece bailiwick bill bond brought Burr capias cause of action chattels clerk common bail copy costs and charges court custody damages debt declaration default defendant defendant's delivered demurrer deponent discharged distringas Dougl East ejectment entered execution executor fendant filazer filed four days given Ibid issue John Doe judge judge's jury justice King's Bench latitat London Lord Ellenborough lord the king master Maule and Selw ment Middlesex motion nisi prius nonsuit notice of trial original outlawry party payment person plaintiff plaintiff's attorney plea of trespass plead præcipe proceed proceedings record recover render roll rule Salk scire facias seal served sheriff shew cause sign judgment special bail stamp stat statute sued suit summons sworn tenant Term Rep thereof tion venue verdict Vide warrant of attorney Westminster Wils writ of error
Popular passages
Page 14 - A THIRD species of implied assumpsits is when one has had and received money belonging to another, without any valuable consideration given on the receiver's part : for the law construes this to be money had and received for the use of the owner only ; and implies that the person so receiving promised and undertook to account for it to the true proprietor.
Page 581 - AB, as for his costs and charges by him about his suit in that behalf expended...
Page 861 - C. prays that the judgment aforesaid, for the errors aforesaid, and other errors in the record and proceedings aforesaid, may be reversed, annulled, and altogether held for nothing, and that he may be restored to all things which he hath lost by occasion of the said judgment, &c.
Page 756 - But the great and efficacious writ, in all manner of illegal confinement, is that of habeas corpus ad subjiciendum ; directed to the person detaining another, and commanding him to produce the body of the prisoner, with the day and causo of his caption and detention, ad faciendum, subjiciendum, et recipiendum, to do, submit to, and receive...
Page 480 - VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the...
Page 12 - An annuity is a yearly payment of a certain sum of money, granted to another in fee, for life, or years, charging the person of the grantor only.
Page 102 - Affidavit shall be made by the Plaintiff, or some one on his Behalf, for which no fee shall be taken, before some Judge of the Court out of which such Process or Execution shall issue, or before some Person authorized to take Affidavits in such Courts...
Page 2 - All courts of record are the king's courts, in right of his crown and royal dignity, and therefore no other court hath authority to fine or imprison ; so that the very erection of a new jurisdiction with power of fine or imprisonment, makes it instantly a court of record.
Page 5 - 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 50 - ... made use of upon the account or for the profit of any unqualified person...