Essays: Upon I. The Law of Evidence. II. New Trials. III. Special Verdicts. IV. Trials at Bar. And V. Repleaders. ..J. Johnson, 1789 |
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abfolute act of parliament action affets affidavit affigned affizes aforefaid againſt alfo anfwer appear arife awarded becauſe bond cafe caſe cauſe charter cofts confent confequence confideration corporation counfel county palatine Court declaration default defendant defendant's demurrer diſcharged election evidence faid fame feal fecond feemed fendant fet afide feveral fhall fheriff fhew caufe fhip fhould firft firſt fome fpecial ftated ftatute fuch fufficient fuppofe granted guilty himſelf houſe iffue impriſonment infifted intereft Judge judgment Juftice Jury King laft Lord Lord MANSFIELD mandamus mayor ment Minorca muſt neceffary neral nifi prius nonfuit novo opinion party perfons perjury plaintiff plea pleaded poffeffion prefent proved purpoſe queſtion qui tam quo warranto reafon releaſe repleader replevin rule Salk Serjeant ſhall ſtated Stra thefe theſe thoſe tiff tion trefpafs trial at bar tried uſe venire facias verdict verfus Vide William Morrice witneffes writ
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Страница 123 - Printing-House, between the hours of ten in the morning and two in the afternoon, to preach eight Divinity Lecture Sermons, the year following, at St.
Страница 252 - That on considering the question he found he had been mistaken in point of law ; for that whatever might be the contract between the vendor and vendee, the agreement for the carriage was between the carrier and the vendor, the latter of whom was by law liable.
Страница 36 - I state them as different things : the substantial distinction is, where the proceeding is in rem, and where the effect of the judgment cannot be had, if it is laid in a wrong place. That is the case of all ejectments * where possession is to be delivered by the sheriff of the county ; and as trials in England are in particular counties, the officers are county officers ; therefore the judgment could not have effect, if the action was not laid in the proper county.
Страница 444 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.
Страница 365 - ... performed there is no contract. It is perfectly immaterial for what purpose a warranty is introduced ; but, being inserted, the contract does not exist unless it be literally complied with. Now in the present case. the condition was the sailing of the ship with a certain number of men ; which not being complied with, the policy is void.
Страница 372 - And it is said, that such trial was never denied to any officer of the court, nor hardly to any gentleman at the bar".
Страница 196 - The registers are directed to be kept as public books, and accompanied with every means of authenticity. But, besides facilitating and ascertaining the evidence of marriages, they were intended for other...
Страница 36 - There is a formal and a substantial distinction as to the locality of trials. I state them as different things : the substantial distinction is, where the proceeding is in rem, and where the effect of the judgment cannot be had, if it is laid in a wrong place.
Страница 126 - The thing that governs greatly in this determination is, that the point of law is not to be determined by juries; juries have a power by law to determine matters of fact only ; and it is of the greatest consequence to the law of England...
Страница 37 - ... trial : for trials in England being by jury, and the kingdom being divided into counties, and each county considered as a separate district or principality, it is absolutely necessary that there should be some county where the action is brought in particular, that there may be a process to the sheriff of that county, to bring a jury from thence to try it.