Anonymous, Harvard Law MS 1178

Author: 
Anonymous, Harvard Law MS 1178
Notes: 
The basis for dating these volumes to 1808 appears to be a reference by Reeve to a change in the 1784 Connecticut statute of distributions (p. 283). The statute was revised in 1808.
Provenance: 
Bookplate of Harvard Law Library; stamped "received May 23, 1935."
Lecture Date Lecturer Opening Line All terms
Before the revision of our statute in '84, our statute of distribution was as to all estates the same as that of Charles 2nd was as to personal property. Volume 1 Of Connecticut distributions
1808-01-01 to 1808-12-31 not identified In Connecticut, parents and grandparents are bound to support such of their poor and impotent as are unable to support themselves, and on the other hand, children and grandchildren Parent & child, Volume 1 Reciprocal duty of maintenance
1808-01-01 to 1808-12-31 not identified The effect of any affirmance or reversal of judgment on a writ of error. [12 cases are described] Pleas & pleadings, Volume 2 Cases exemplifying writs of error
1808-01-01 to 1808-12-31 not identified The practice in England and Connecticut with respect to new trials is considerably different; the principles are very much the same. Pleas & pleadings, Volume 2 New trials
1808-01-01 to 1808-12-31 not identified First, want of due notice to defendant. Pleas & pleadings, Volume 2 Cases for granting new trials
1808-01-01 to 1808-12-31 not identified A guardian is defined to be a testamentary parent or a person standing for a time "in loco parentis." Guardian & Ward, Volume 1 Guardian & ward
1808-01-01 to 1808-12-31 not identified Lex scripta is the written or statute law. It is called written law because it was originally set down in writing and this writing, which is called statute, is itself intrinsically law, and not merely an evidence of the law as the words of the courts are, the reports of their decisions or the treatises of the learned. Municipal law, Volume 1 Lex scripta
1808-01-01 to 1808-12-31 not identified An audita querula is used to obtain relief when execution has issued of a judgment and is pressing the defendant when for some sufficient reason he ought not to pay it. Audita querula, Volume 2 Of an audita querula
1808-01-01 to 1808-12-31 not identified This is a prerogative writ issuing in England from the Court of King's Bench and answers in some degree in its effect to the specific relief afforded in Chancery. Prerogative writs, Volume 2 Writ of mandamus
1808-01-01 to 1808-12-31 not identified This is a prerogative writ issuing generally from King's bench to prevent inferior courts from deciding causes out of their jurisdiction. Prerogative writs, Volume 2 Writ of prohibition
1808-01-01 to 1808-12-31 not identified It is regularly true that the settlement of the father is the settlement of the child, and that a change in the father's settlement is a change of that of the child. Guardian & Ward, Volume 1 Of the settlement of minors
1808-01-01 to 1808-12-31 not identified This is a writ by which, in its most general operation, a person restrained of his liberty may be brot before some superior court for some special purpose of his own Prerogative writs, Volume 2 Writ of habeas corpus
1808-01-01 to 1808-12-31 not identified The construction to be put upon remedial statutes is liberal, tho' it is agreeable to the spirit and intent of the law and not to be strictly confined to the letter thereof. Municipal law, Volume 1 Remedial statutes
1808-01-01 to 1808-12-31 not identified Evidence is of two general kinds, written and unwritten testimony. Evidence, Volume 2 Evidence
1808-01-01 to 1808-12-31 not identified There are several classes of persons not allowed to testify in a court of justice; first, interested persons. Evidence, Volume 2 Person incompetent to testify
1808-01-01 to 1808-12-31 not identified The law of Connecticut recognizes the six following species of servant, first slaves; second, apprentice, 3 menial servants, 4 day laborers, 5 bailiff, factors, brokers, agents Master & Servant, Volume 1 Of the different kinds of servant
1808-01-01 to 1808-12-31 not identified It is a general rule that all evidence given in a court of law must be given "viva voce." Evidence, Volume 2 Of depositions & the number of witnesses
1808-01-01 to 1808-12-31 not identified All suitor and witnesses while at court and while going to and from court have a general protection from arrest. Evidence, Volume 2 Of protection of witnesses
1808-01-01 to 1808-12-31 not identified Records are kept in the hands of certain persons that they may be preserved and are not allowed to be carried out of the office. Evidence, Volume 2 Records
1808-01-01 to 1808-12-31 not identified A precise definition of slander is not to be found in the books. The following, however, is presumed to be an actual one. Private wrongs, Volume 2 Slander
1808-01-01 to 1808-12-31 not identified Many acts of the servant may be considered as the acts of the master, but these acts are such only as are performed by the servant while engaged in the service of the master. Master & Servant, Volume 1 Master's liability for acts of servants
1808-01-01 to 1808-12-31 not identified Of larceny in embezzling his master's goods. At common law, a servant having the oversight, charge or care of his master's goods, but not being in actual possession of them, Master & Servant, Volume 1 When the servant is guilty
1808-01-01 to 1808-12-31 not identified The office of Sheriff is a very great importance to a community, as will be seen from the nature and extent of their power and duty. Sheriff & Gaoler, Volume 1 Sheriffs
1808-01-01 to 1808-12-31 not identified It has become the practice in many places to allow the prisoner, on their finding bonds sufficient to indemnify the gaoler, the liberties of the prison, as such are certain Sheriff & Gaoler, Volume 1 Liberties of the prison
1808-01-01 to 1808-12-31 Gould, James Bailment is a delivery of goods by one person to another, on a condition, express or implied, that they shall be restored by the bailee to the bailor, according to his direction Bailments, Volume 1 Bailment
1808-01-01 to 1808-12-31 Gould, James In the division of bailment, several eminent lawyers have differed. According to most of the books, there are six kinds. Sir William Jones divides them into five, and Judge Reeve into four, Bailments, Volume 1 Of the different kinds of bailment
1808-01-01 to 1808-12-31 Gould, James A delivery of goods to an innkeeper seems to fall more properly under the second general head of the fifth kind of bailment. Bailments, Volume 1 Innkeepers as bailees
1808-01-01 to 1808-12-31 Gould, James As to the bailee's kin and right to detain. A lien properly so called exists in the bailee's favor, I apprehend, only in the fourth and fifth kinds of bailment Bailments, Volume 1 Further rules applying to bailment
1808-01-01 to 1808-12-31 Gould, James Our statutes as to sales & to defraud creditors is in substance the same as the English Statute 13 Elizabeth. Bailments, Volume 1 Of the law in Connecticut
1808-01-01 to 1808-12-31 not identified The general powers of chancery are not easily defined. Mitford 5; 3 Bl.429. Chancery, Volume 2 Powers of chancery
1808-01-01 to 1808-12-31 Reeve, Tapping Executors and administrators are the representatives of deceased persons, that is as to their personal estate, and to the duties which effect their personal estate. Executor & Administrators, Volume 1 Executors & administrators
1808-01-01 to 1808-12-31 Reeve, Tapping All persons who can make wills and many others may be. Persons of almost all description may be executors, as for example a villein, an infant, or an infant in ventre sa mere. Executor & Administrators, Volume 1 Who may be an executor
1808-01-01 to 1808-12-31 Reeve, Tapping Wherever the right of proving wills and administering, that is disposing the goods of the deceased, may have originally resided, the right of granting administration, as well as of granting probate of wills, now clearly belongs, except in special certain cases, to the spiritual courts in England. Executor & Administrators, Volume 1 Administration by whom granted
1808-01-01 to 1808-12-31 Reeve, Tapping The office of executor, being private, and he being named by the testator, not appointed by law, he may refuse to accept the executorship, in the first instance, and then administratio cum testamento annexo must be granted. Executor & Administrators, Volume 1 Of executor's refusal
1808-01-01 to 1808-12-31 Reeve, Tapping As the executor derives all his interest from the will, the property of the testator effects is vested in him before probate, on the death of the testator. Executor & Administrators, Volume 1 What act an executor may do before probate
1808-01-01 to 1808-12-31 not identified The law merchant is sometimes improperly called a particular custom, but it has none of the incidents of such a custom. It is not local in operation, neither is it to be tried by a jury as a matter of fact, both of which are incidents of particular custom. Mercantile law, Volume 2 Law Merchant
1808-01-01 to 1808-12-31 not identified A bill of exchange is an open letter from one person to another requesting him to pay a sum of money to a third. Bills of exchange & promissory notes, Volume 2 Bills of exchange
1808-01-01 to 1808-12-31 not identified Marriage, by the common law, is considered as merely a civil connection adn is governed as it respects property by the general rules of "meum et tuum." Baron & feme, Volume 1 Rights & duties resulting from marriage
1808-01-01 to 1808-12-31 Reeve, Tapping If an executor is appointed, it has been a question to whom the surplus of personal property after payment of debts, legacies &c belongs. Formerly, the executor himself was always considered a residuary legatee. But now, if any considerable sum, not appropriated to any particular purpose, is left to the executor, or if there can be collected from the will an intention in the testator that the executor should not take as a residuary legatee, the Court of Chancery will order a distribution, as in the case of an Administrator. Executor & Administrators, Volume 1 Of the executor's right to the surplus
1808-01-01 to 1808-12-31 Reeve, Tapping The specific legacies are bequests of things specified. Pecuniary legacies are bequests of sums of money make in general terms which do not identify any particular parish. Executor & Administrators, Volume 1 Of pecuniary & specific legacies
1808-01-01 to 1808-12-31 not identified A bill of exchange must always be drawn for money, for a bill drawn for a collateral article is no bill of exchange. Bills of exchange & promissory notes, Volume 2 Requisites of a bill of exchange
1808-01-01 to 1808-12-31 Reeve, Tapping An executor ought to be careful in the payment of legacies to take a proper receipt or to have sufficient vouchers, because it is holden to be such an equitable demand as not barred by the statute of limitations, tho' after a length of time, a legacy may be presumed to have been paid. Executor & Administrators, Volume 1 Of the payment of legacies
1808-01-01 to 1808-12-31 Reeve, Tapping Before the revision of our statute in '84, our statute of distribution was as to all estates, the same as that of Charles second was as to personal property. Executor & Administrators, Volume 1 Of Connecticut distributions
1808-01-01 to 1808-12-31 Reeve, Tapping Any act or negligence of the executor or administrator by which the assets are lost or injured, subjects him to a devastavit, on which execution goes de bonis propriis Executor & Administrators, Volume 1 Of devastavit
1808-01-01 to 1808-12-31 not identified A contract is an agreement upon sufficient consideration to do or not to do a particular thing. In England, a contract not under seal is considered a parol contract. Contracts, Volume 1 Contracts definition
1808-01-01 to 1808-12-31 not identified Law in its most general and comprehensive sense signifies a rule of action and is applied indiscriminately to all kinds of action, whether animate or inanimate, Municipal law, Volume 1 Of the nature of laws in general
1808-01-01 to 1808-12-31 not identified By the English statute of usury, any contract by which more than five percent interest is reserved for the loan of money is absolutely void. Contracts, Volume 1 Of usury
1808-01-01 to 1808-12-31 Gould, James By the statute of distribution, the wife is entitled absolutely to one third part of the intestate husband's personal estate, and if he dies without issue, to one half and the remainder in both cases goes to his representatives. The right of the wife, however, in Connecticut is subordinate to that of the creditor, that is, the debts of the husband must be paid before the wife can take this third or moiety, and be paid out of the personal estate. Baron & feme, Volume 1 Right of the wife to property of the husband
1808-01-01 to 1808-12-31 not identified All contracts or securities obtained by duress may be voided by pleading the duress specially. Duress is of two kinds, first, duress by imprisonment, and secondly duress per minas. Contracts, Volume 1 Of contracts obained by duress
1808-01-01 to 1808-12-31 not identified First, as to promises by executors or administrators, &c. If the executor or administrator has assets sufficient to answer for the debt or duty of his testator or intestate, Contracts, Volume 1 Qualifications of the foregoing rules
1808-01-01 to 1808-12-31 not identified The construction of this statute is the same in Chancery as at law, tho' the remedy or relief may be different. Contracts, Volume 1 Rules applying to all or several contracts
1808-01-01 to 1808-12-31 not identified In all cases where there is a privity of contract between the parties, debt or indebitatus assumpsit will lie by the common law, as well as by law merchant. Bills of exchange & promissory notes, Volume 2 Actions to which the parties are liable
1808-01-01 to 1808-12-31 not identified A contract has already been defined to be an agreement upon sufficient consideration to do or not to do a particular thing. According to this definition, consideration is of the essence Contracts, Volume 1 Of consideration to support a contract
1808-01-01 to 1808-12-31 Gould, James The wife is entitled to certain articles of the husband's property which are called paraphernalia, which signifies something over and above her dower. Baron & feme, Volume 1 Of paraphernalia
1808-01-01 to 1808-12-31 not identified The action of account is founded on an express or implied contract that one who has received property of another to account, will under his reasonable account for it. Action of account, Volume 1 Account
1808-01-01 to 1808-12-31 not identified Assumpsit is an action which was unknown to the common law, but was introduced by statute Westminster 2nd. It is commonly called an action on the case of an action of trespass on the case. Assumpsit, Volume 1 Assumpsit
1808-01-01 to 1808-12-31 not identified Where notice of one's claim or demand is necessary to be made before an action can be maintained, that notice must not only be given or demand made, but it must be specially Notice & request, Volume 1 Notice & demand
1808-01-01 to 1808-12-31 not identified When an action is brought not on an express contract, that contract must be stated in the declaration avowing to the terms of it; because it is necessary that the proof tally with the declaration. Defenses to action, Volume 1 Defence
1808-01-01 to 1808-12-31 not identified Tender is an offer by a debtor to pay a debt due his creditor. Tender, Volume 1 Tender
1808-01-01 to 1808-12-31 not identified Accord is a good defence to the action of assumpsit, as well as to other actions. Accord is defined to be an agreement be tween the parties to accept something in satisfaction Accord & satisfaction, Volume 1 Accord & satisfaction
1808-01-01 to 1808-12-31 not identified Statute of limitation may be plead in bar to an action of assumpsit, as well as many other actions. Statute of limitations, Volume 1 Statute of limitations
1808-01-01 to 1808-12-31 not identified An award is a judgment of two or more persons chosen by the parties who are called arbitrators upon some controversy between the parties. Award, Volume 1 Awards & arbitrament
1808-01-01 to 1808-12-31 Gould, James A general rule of the common law is that the wife is incapable to bind herself by her own contracts, although she in many cases may bind her husband. Baron & feme, Volume 1 Wife's power to bind husband by contracts
1808-01-01 to 1808-12-31 not identified Another defence to the the action of assumpsit as well as to many other actions, is money paid on a foreign attachment. Foreign attachment, Volume 1 Foreign attachment
1808-01-01 to 1808-12-31 not identified Another defence to the action of assumpsit as well as to all other actions, is a release or discharge, as it is regularly called. Contracts, Volume 1 Releases payment merger detinue
1808-01-01 to 1808-12-31 not identified Whenever the sum due is certain or whenever such sum may be reduced to a certainty, it may be recovered by the action of debt. Action for debt, Volume 1 Debt
1808-01-01 to 1808-12-31 not identified A policy of insurance, sometimes called a policy of assurance, is a contract, which, according to the custom of merchants, must always be reduced to writing Mercantile law, Volume 2 Policies of insurance
1808-01-01 to 1808-12-31 not identified Under this head will be considered the nature, the creation and different kinds of covenants, as also the action on them. Covenants, Volume 1 Covenants
1808-01-01 to 1808-12-31 not identified A charter party is a written contract for hire of a vessel. Mercantile law, Volume 2 Of charter parties
1808-01-01 to 1808-12-31 not identified Not only the master and the owners of the ship may be liable for the contracts of the master, but the ship may be hypothecated to pay the debts contracts by the master. Mercantile law, Volume 2 Bottomry bonds
1808-01-01 to 1808-12-31 not identified If a vessel be lost before she reach the port of delivery, the mariners are entitled to no wages. Mercantile law, Volume 2 Mariners
1808-01-01 to 1808-12-31 not identified In an action against or in favor of partners, they must be named in the writ individually as A & B, merchants & Co. of the firm All & Be. Mercantile law, Volume 2 Partnership
1808-01-01 to 1808-12-31 not identified It is a general rule that all contracts made between the husband and wife during coverture are void, as well as all contracts made between them before marriage. Baron & feme, Volume 1 Contracts of husband & wife during coverture
1808-01-01 to 1808-12-31 not identified When goods have been sold or consigned, the vendor or consignor may stop them while passed to the vendee or consignee, in case he be a bankrupt. Mercantile law, Volume 2 Stopping goods in transitu
1808-01-01 to 1808-12-31 not identified Pleadings are the mutual altercations between the plaintiff & the defendant which at present are set down and delivered in to the proper office in writing. Pleas & pleadings, Volume 2 Pleas & pleadings
1808-01-01 to 1808-12-31 not identified The municipal law of England and Connecticut is divided into "Lex non scripta" or unwritten law, and "Lex scripta" written or statute law. Municipal law, Volume 1 Of the laws of England
1808-01-01 to 1808-12-31 not identified The grounds by which pleas to the disability of the plaintiff are supported are various. Pleas & pleadings, Volume 2 Pleas to the disability of the plaintiff
1808-01-01 to 1808-12-31 Gould, James The husband and wife cannot testify for or against each other, the general reason assigned for it is, the unity of person. Baron & feme, Volume 1 Mutual inability to testify
1808-01-01 to 1808-12-31 not identified As the civil law is binding in England, so is the English law here, when it has been sanctioned by immemorial usage by our Courts or an incorporation into our statute law. Municipal law, Volume 1 Of the civil law
1808-01-01 to 1808-12-31 Gould, James In England, femes covert cannot devise their estate either real or personal, tho' it is said they can their personal by the consent of the husband. Baron & feme, Volume 1 Of the wife's power to devise
1808-01-01 to 1808-12-31 Gould, James In the first ages of the British Empire, we know very little about marriages or what they were. Baron & feme, Volume 1 Of marriage
1808-01-01 to 1808-12-31 not identified After judgment that the writ abate, it may in many cases be amended, which is allowed by the Statute of Jeofails, of which there are twelve. Pleas & pleadings, Volume 2 Of the statute of Jeofails
1808-01-01 to 1808-12-31 not identified Demurrer is an admission of the facts stated by the adverse party, but a denial of their sufficiency in law. Pleas & pleadings, Volume 2 Of demurrer
1808-01-01 to 1808-12-31 not identified In certain cases where the pleadings terminate in an issue in fact, a party may take the examination of the cause from a jury to the court by demurring to the evidence of the opposite party. Pleas & pleadings, Volume 2 Of demurrers to evidence
1808-01-01 to 1808-12-31 not identified The next private relation which we are to treat is that of parent & child, being the immediate consequence of the former. Parent & child, Volume 1 Parent & child
1808-01-01 to 1808-12-31 not identified An infant or minor is a person under the age of 21 years. Parent & child, Volume 1 Of the disabilities of infants
1808-01-01 to 1808-12-31 not identified An issue is defined to be a single, certain and material point issuing out of the allegation of the parties, and consisting regularly of an affirmative and a negative. Pleas & pleadings, Volume 2 Of the general issue
1808-01-01 to 1808-12-31 not identified A special plea in bar is always as the term imports, a special plea. Pleas & pleadings, Volume 2 Of special pleas in bar
1808-01-01 to 1808-12-31 not identified It is generally true that the contracts of infants are not binding upon them. Parent & child, Volume 1 Of the contracts of infants
1808-01-01 to 1808-12-31 not identified A traverse in pleading is a denial of some pertinent point, alleged in the pleadings by the opposite party. It always tenders an issue and may be taken in any stage of the pleadings. Pleas & pleadings, Volume 2 Of traverses
1808-01-01 to 1808-12-31 not identified Every plea must be simple and entire, connecting and confined to a single point, viz., it must contain only one single ground of claim or defence. Pleas & pleadings, Volume 2 Of duplicity
1808-01-01 to 1808-12-31 not identified It is a general rule that when a party pleads a written instrument, he must make profert of it of the court. Pleas & pleadings, Volume 2 Of a profert
1808-01-01 to 1808-12-31 not identified Arrest taken in its legal sense is a term synonymous with stay. Pleas & pleadings, Volume 2 Of arrest of judgment & repleader
1808-01-01 to 1808-12-31 not identified In England, infants may regularly hold ministerial offices, but not judicial ones. Parent & child, Volume 1 Infants capacity to hold offices
1808-01-01 to 1808-12-31 not identified When an infant brings a suit, he must appear by his guardian or by his prochin amie for he cannot appear by attorney, he not being of capacity to create a power of attorney. Parent & child, Volume 1 When an infant may sue by prochein ami
1808-01-01 to 1808-12-31 not identified A bill of exception is a statement of fact annexed to the record for the purpose of laying a foundation for a writ of error. Pleas & pleadings, Volume 2 Bills of exception
1808-01-01 to 1808-12-31 not identified A legitimate child in one born during lawful wedlock or within a competent time after its determination. Parent & child, Volume 1 Illegitimacy
1808-01-01 to 1808-12-31 not identified A writ of error is a commission to judges of a higher court to examine the record on which judgment was given in the court below and to affirm or reverse it according to law. Pleas & pleadings, Volume 2 Writs of error