A Practical Abridgment of American Common Law Cases Argued and Determined in the Courts of the Several States, and the United States Courts, from the Earliest Period to the Present Time: Alphabetically Arranged, with Notes and References to the Statutes of Each State and Analogous Adjudications : Comprising Under the Several Titles a Practical Treatise on the Different Branches of the Common Law, Volume 8Treadway & Atwood, 1836 |
From inside the book
Results 1-5 of 64
Page 7
... WRIT , 8 . II . FORM OF , 9 . * The indictment must state the assault and the felonious intention ; Rex v . Pel- fryman , 2 Leach C. L. 563. And the taking must be charged to be with violence and against the will of the party . † The ...
... WRIT , 8 . II . FORM OF , 9 . * The indictment must state the assault and the felonious intention ; Rex v . Pel- fryman , 2 Leach C. L. 563. And the taking must be charged to be with violence and against the will of the party . † The ...
Page 8
... writ , founded on some matter of record , as a judgment or recognizance , for the purpose of obtaining execution . ( Bac . Ab . title scire facias . ) It is said to be an original writ when founded on a recognizance ; and at common law ...
... writ , founded on some matter of record , as a judgment or recognizance , for the purpose of obtaining execution . ( Bac . Ab . title scire facias . ) It is said to be an original writ when founded on a recognizance ; and at common law ...
Page 9
... writ , with some degree of certainty . Writs of this description thing that is must contain every thing that is required to constitute a good constitate a declaration ; or , in other words , they must set out all the facts good decla ...
... writ , with some degree of certainty . Writs of this description thing that is must contain every thing that is required to constitute a good constitate a declaration ; or , in other words , they must set out all the facts good decla ...
Page 10
... writ of scire facias lies only to obtain execution of a judgment . This was merely an order that the defendant child ; and should give security , & c . The only mode of enforcing the per- that he shall formance of the order , was to ...
... writ of scire facias lies only to obtain execution of a judgment . This was merely an order that the defendant child ; and should give security , & c . The only mode of enforcing the per- that he shall formance of the order , was to ...
Page 11
... writ in favor of one Cram against How , in a suit where gainst the in How prevailed , and had execution for his costs . indorser of a writ is by Per Cur . Mellen , C. J. As to the first question reserved , scire facias . we are of ...
... writ in favor of one Cram against How , in a suit where gainst the in How prevailed , and had execution for his costs . indorser of a writ is by Per Cur . Mellen , C. J. As to the first question reserved , scire facias . we are of ...
Common terms and phrases
action admitted alleged assignment Assumpsit bank bill bond charge chattel claim Com'th committed common law competent witness Conn consignee contract conveyance court held creditors damages debt declaration deed defendant defendant's delivered demand devise equity evidence execution express warranty fact fendant fraud Greenl ground indictment interest issue JACKSON Johns judge judgment jury land lessee liable M'Cord's Mass master ment N. Y. Rep ness notice objection opinion owner Parker party payment person Pick plaintiff plaintiff in error plea pleaded possession principle promissory note proved purchaser question reason recover rule S. C. Rep scire facias Sept set-off sheriff ship slander Smith sold statute sufficient suit Taun tenant testator testimony tiff tion trespass trial trover trust U. S. Rep usage usury vendee vendor verdict vessel void voir dire voyage warranty Wend wife words writ
Popular passages
Page 166 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Page 489 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 371 - When a great river is the boundary between two nations or states, if the original property is in neither, and there be no convention respecting it, each holds to the middle of the stream.
Page 149 - The question, whether a law be void for its repugnancy to the constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case.
Page 3 - riot' is described to be a tumultuous disturbance of the peace by three persons or more, assembling together of their own authority, with an intent mutually to assist one another against any who shall oppose them in the execution of some enterprise of a private nature, and afterwards actually executing the same in a violent and turbulent manner, to the terror of the people, whether the act intended were of itself lawful or unlawful.
Page 292 - London ed. 268), that where the party who applies for a specific performance has omitted to execute his part of the contract by the time appointed for that purpose, without being able to assign any sufficient justification or excuse for his delay ; and when there is nothing in the acts or conduct of the other party that amounts to an acquiescence in that delay, the court will not compel a specific performance.
Page 412 - We may lay it down as an incontrovertible rule that, where an estate is given to a person generally or indefinitely with a power of disposition, it carries a fee, and the only exception to the rule is where the testator gives to the first taker an estate for life only by certain and express words, and annexes to it a power of disposal. In that particular and special case the devisee for life will not take an estate in fee, notwithstanding the distinct and naked gift of a power of disposition of the...
Page 143 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the legislature should be intended to mean what they have plainly expressed, and, consequently, no room is left for construction.
Page 453 - You, as grand jurors of this inquest for the body of this county of , do solemnly swear that you will diligently inquire, and true presentment make, of all such matters and things as shall be given you in charge; the commonwealth's counsel, your fellows', and your own, you shall keep secret...
Page 398 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.