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Commentaries on the Laws of England,: In Four Books, Volume 3
Visualização integral - 1800
according action aforeſaid againſt allowed alſo anſwer antient appear ariſing authority award becauſe bring brought called caſe cauſe civil cognizance commiſſion committed common law conſidered continued contract court crown damages debt defendant demand determined directed diſtreſs enter entry equity eſtate evidence execution fact firſt former freehold give given granted hath held himſelf injury iſſue judges judgment juriſdiction jury juſtice king king's king's bench lands lies lord manner matter method moſt muſt nature original owner particular party perſon plaintiff plead pleas poſſeſſion preſent proceedings proceſs proved queſtion reaſon record recover remedy rent reſpective rule ſaid ſame ſeveral ſhall ſheriff ſhould ſome ſpecial ſpecies ſtatute ſubject ſuch ſuit taken tenant term theſe thing thoſe tion treſpaſs trial unleſs uſe uſually verdict wherein writ wrong
Página 368 - And herein they state the naked facts, as they find them to be proved, and pray the advice of the court thereon; concluding conditionally, that if upon the whole matter the court should be of opinion that the plaintiff had cause of action, they then find for the plaintiff; if otherwise, then for the defendant.
Página 211 - ... any thing done to the hurt or annoyance of the lands, tenements, or hereditaments of another.
Página 1 - Recaption or reprisal is another species of remedy by the mere act of the party injured. This happens when any one hath deprived another of his property in goods or chattels personal, or wrongfully detains one's wife, child, or servant: in which case the owner of the goods, and the husband, parent, or master, may lawfully claim and retake them wherever he happens to find them, so it be not in a riotous manner, or attended with a breach of the peace.
Página 94 - The marshalling of coat-armour, which was formerly the pride and study of all the best families in the kingdom, is now greatly disregarded; and has fallen into the hands of certain officers and attendants upon this court, called heralds...
Página 128 - I. the court of king's bench, relying on some arbitrary precedents, and those perhaps misunderstood, determined that they could not upon a habeas corpus either bail or deliver a prisoner, though committed without any cause assigned, in case he was committed by the special command of the king, or by the lords of the privy council.
Página 379 - A new trial is a rehearing of the cause before another jury; but with as little prejudice to either party, as if it had never been heard before.
Página 349 - Challenges to the array are at once an exception to the whole panel, in which the jury are arrayed or set in order by the sheriff in his return ; and they may be made upon account of partiality or some default in the sheriff, or his under-officer who arrayed the panel.