The Attorney's Vade Mecum and Client's Instructor, Treating of Actions: (such as are Now Most in Use) of Prosecuting and Defending Them: of the Pleadings and Law: Also of Hue and Cry. The Subjects Arr. in a Clear and Perspicuous Manner. To the Second Volume is Added an Appendix, Containing a Few Precedents, Being Copies of Complete Records, Volume 1Strahan and Woodfall, 1787 - Actions and defenses |
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Common terms and phrases
according action affigned affumpfit afterwards againſt alledge appear attorney authority averment bail Barnes bill bond breach brought cafe caufe charge common condition confideration contract court covenant damages debt deceit declaration deed default defendant defendant may plead delivered demand diſcharge dower ejectment entered error execution executor facias fact falfe fame fervant feveral fhall fhew fpecial ftat ftatute fuch fued fufficient fuit give given hath iffue indictment intended judg judgment juftice king land lies lord matter ment muft muſt neceffary original paid party payment perfon performance plaintiff plea plead poffeffion poft proceedings promife prove received record recover recovery rent reply reverfed rule Salk ſhall Stra taken tenant term thing Thou tion trover verdict Vide warrant whereby wife writ writ of error
Popular passages
Page 396 - Then shall an oath of the LORD be between them both, that he hath not put his hand unto his neighbour's goods; and the owner of it shall accept thereof, and he shall not make it good.
Page 65 - In all cases where a man has a temporal loss or damage by the wrong of another, he may have an action upon the case to be repaired in damages.
Page 2 - By these actions formerly all disputes concerning real estates were decided ; but they are now pretty generally laid aside in practice, upon account of the great nicety required in their management, and the inconvenient length of their process : a much more expeditious method of trying titles being since introduced, by other actions personal and mixed.
Page 137 - And be it further enacted, That all Actions of Trespass, Quare clausum fregit, all Actions of Trespass, Detinue, Action sur Trover, and Replevin for taking away of Goods and Cattle, all Actions of Account, and upon the Case, other than such Accounts as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants...
Page 189 - Of devisors of false news and of horrible and false lies of prelates, dukes, earls, barons, and other nobles and great men of the realm; and also of the chancellor, treasurer, clerk of the privy seal, steward of the king's house, justices of the one bench or of the other, and of other great officers of the realm. The great men of the realm in the time of Richard II were protected only against "horrible and false lies...
Page 245 - Robert Carpenter* was in Winchester gaol, and tried for his life, and would have been hanged had it not been for Leggat, for breaking open the granary of farmer A. and stealing his bacon.
Page 208 - H. is a rogue for taking your money, and has done nothing for it ; he has not entered an appearance for you. He is no attorney at law; he don't dare to appear before a judge.
Page 225 - It seems that some degree of trust and confidence must be reposed in the plaintiff, in order to render words reflecting upon his character for integrity actionable. Thus the words of a carpenter, " He has charged Mr. Andrews for forty days' work, and received the money for the work, that might have been done in ten days, and he is a great rogue for his pains...
Page 7 - Personal actions are such whereby a man claims a debt, or personal duty, or damages in lieu thereof; and, likewise, whereby a man claims a satisfaction in damages for some injury done to his person or property. The former are said to be founded on contracts, the latter upon torts or wrongs. Of the former nature are all actions upon debt or promises ; of the latter all actions for trespasses, nuisances, assaults, defamatory words, and the like.
Page 292 - So an action does not lie for a reasonable use of my right, though it be to the annoyance of another ; as, if a butcher, brewer, &c., use his trade in a convenient place, though it be to the annoyance of his neighbor.