Dyer, Eliphalet

Author: 
Dyer, Eliphalet
Birth Date: 
1771-11-17
Death Date: 
1840-08-31
Litchfield Ledger: 
http://www.litchfieldhistoricalsociety.org/ledger/students/855
Notes: 
Two volumes in preservation box; marble boards, unlined pages. These are the earliest surviving volumes of Tapping Reeve's lectures. Dates in the first volume run from August 4, 1790 to August 18, 1792; in the second volume, entries are dated from March 4, 1791 to January 1, 1793. These two volumes have been transcribed by Charles C. Goetsch; typed transcriptions are available in the Litchfield collection of the Meskell Law Library, University of Connecticut Law School in the archives collection.
Provenance: 
First volume, inside front cover, bookplate: Eliphalet Dyer's A. Domini 1790. Bookplate of CHR: presented by Miss Clara Field, Stockbridge, Mass, 1895. Second volume contains Eliphalet Dyer's bookplate: A Domini 1791, Litchfield. On the leather spine is written: Dyer LITCHFIELD A.D. 1791.
Lecture Date Lecturer Opening Line All terms
1790-01-01 to 1790-12-31 Reeve, Tapping A list of Reporters, at what time, in whose reign and in what court they reported. [31 nominative reports] Table of English Reports, Volume 1 List of reporters
1790-08-04 Reeve, Tapping In the state of Connecticut there are several Courts for the purpose of trying causes at Law & punishing offenders, with very different jurisdictions. To begin with the lowest: Essays, Volume 1 HIstory of legal procedure
1790-12-14 Reeve, Tapping Particular rules with their authorities by which they are supported, given by Mr. Reeve. 1. Upon a special demurrer, no advantage can be taken of any fault but what is contained and set forth in the special demurrer, unless it be a fault proper for a general demurrer. Vid. Plowden 66. [50 rules are listed] Miscellaneous principles or rules, Volume 1 Particular rules
1791-02-19 Reeve, Tapping By the term "infancy" in our law is a person under the age of 21 years. During the period of infancy, the infant is subject to the authority of his parents, master or guardian, as the case may be. His service belongs to them. Parent & child, Volume 1 On infancy
1791-02-19 Reeve, Tapping First, when a declaration contains two different matters to whic the same general issue cannot be pleaded, it is faulty. 2 Wilson 30. Pleas & pleadings, Volume 1 Rules for drawing declarations
1791-02-20 Reeve, Tapping In the eastern continent, the nations of the north, who overwhelmed the Roman Empire, were a rude and simple people, who collected their sustenance either by the chase, or pasturage, inhabiting a wild, uncultivated country, divided into a great variety of small districts which were almost constantly engaged in war with each other. Volume 1 Connecticut entailments
1791-03-04 Reeve, Tapping No. 1. Of property in things personal. 25 chap. 2 vol. Black. Property in chattels personal may be either in possession or else it is in action.
1791-03-04 Reeve, Tapping No. 2. Of Title by Gift, Grant or Contract. The difference between a gift and a grant is that one is gratuitous and the other for consideration.
1791-03-05 Reeve, Tapping No. 3. Sales. In every sale there is an implied warranty that the property of the goods is in the vendor.
1791-03-05 Reeve, Tapping No. 5. Joint merchants or joint tenants. By the English law, there may be joint tenants and tenants in common of personal property.
1791-03-05 Reeve, Tapping No. 4. Personal property (entailment of). By the English law as it now stands, a man may give the use of a personal chattel to another for life, [word] with remainder over to a third person in fee; but he must not inset any words to create an entailment, for this would make it descent in infinitum and thereby create a perpetuity.
1791-03-06 Reeve, Tapping No. 6. Usury. Usury is the taking of unlawful interest. This is the surplusage of legal interest. Usury, Volume 2 Usury
1791-03-07 Reeve, Tapping Question: Is the husband entitled as administrator to his wife to collector her choses in action & convert them to his own use without liability to account for them to her representatives? Answer: This question, I suppose, was occasioned by finding it laid down in the books that if the wife died before the husband, and he had not reduced her choses to possessions, that in such cases the choses went not to the husband, but to her representatives. Essays, Volume 1 Essay by T. Reeve
1791-03-08 Reeve, Tapping No. 7. On the Statute of Frauds & Perjuries. According to the ancient common law, some particular kind of contracts must have been in writing, such as apprentices' indenture, contracts for buying and selling shares, and after them, all conveyances &c of land. Statute of frauds, Volume 2 On the statute of frauds & perjuries
1791-03-10 Reeve, Tapping No. 8. Of Wills. A will is a solemn instrument in writing, whereby a person declares his mind and intent as to the disposition of his lands, goods, or other estate; or of what he would have done after his death. Volume 2 Of wills, Wills & devises
1791-04-02 Reeve, Tapping Accord is a satisfaction agreed upon between the party injuring and the party injured, which when performed is a bar to all actions on that account. [Lecture was copied from Philo Ruggles book] Accord & satisfaction, Volume 2 Accord & satisfaction
1791-04-02 Reeve, Tapping A writ of mandamus is , in general, a command issuing from the superior court and directed to any person, corporation, or inferior court of judicature, requiring them to do some particular thing, which appertains to their office and duty. [Lecture was copied from Philo Ruggles' book] Prerogative writs, Volume 2 Mandamus
1791-04-02 Reeve, Tapping Writs of habeas corpus, made use of in this State, are of two kinds: the habeas corpus ad subjiciendum and the habeas corpus ad testificandum. [Lecture was copied from Philo Ruggles] Habeas corpus, Volume 2 Habeas corpus
1791-04-04 Reeve, Tapping To entitle a man to a recovery for slanderous words spoken by him, they must be spoken maliciously and falsely. [Lecture was copied from Philo Ruggles.] Private wrongs, Volume 2 Slander
1791-04-04 Reeve, Tapping If a man suffer in his reputation by printed or written libels, pictures, signs, etc. which set him in a ridiculous light, he is entitled to a recovery and person who publishes a libel is liable not only for damages done to the party, but also to be indicted for a public offence. [Lecture was copied from Philo Ruggles' book.] Private wrongs, Volume 2 Libel
1791-04-04 Reeve, Tapping An action for criminal conversation with a man's wife is in form an action of trespass vi et armis, but in substance, an action on the case. [Lecture was copied from Philo Ruggles.] Private wrongs, Volume 2 Adultery
1791-04-04 Reeve, Tapping An action on the case lies for a false and malicious prosecution, where a man has been prosecuted for a crime, whether capital or not, by which he has been in peril of his life, or suffered in his liberty, reputation or property. [Lecture was copied from Philo Ruggles' book.] Malicious prosecution, Volume 2 Malicious prosecution
1791-04-05 Reeve, Tapping If one person sues another when he has no cause of action, or when he has a cause of action and conducts the suit in such a manner as to make it unreasonably vexatious, as if he should take out an attachment for 1,000 pounds in an action of assumpsit or book debt, when he knows the debt is only 50 pounds, thereby cause to be imprisoned or put to expense or trouble in procuring bail, an action lies for the person who is thus unreasonably vexed or troubled. [Lecture was copied from Philo Ruggles.] Private wrongs, Volume 2 Action for vexatious suit
1791-04-05 Reeve, Tapping Trespass is a wrong done by one man to the person or property of another. [Lecture was copied from Philo Ruggles.] Private wrongs, Volume 2 Trespass
1791-04-06 Reeve, Tapping All escapes are either voluntary or negligent. [Lecture was copied from Philo Ruggles.]
1791-04-07 Reeve, Tapping False imprisonment is an unlawful restraint of a man's liberty. [Lecture was copied from Philo Ruggles.] Private wrongs, Volume 2 False imprisonment
1791-04-07 Reeve, Tapping Trespass does not lie, either by the English law or ours, for taking away a Negro slave, be he no other than a slavish servant and the master can [word] no other action of trespass for taking away his servant than such as concludes per quod servitum.[Lecture was copied from Philo Ruggles.]
1791-04-07 Reeve, Tapping Trover is an action which lies against a person who has gotten the goods of another into his hadns and converted them to his own use. [Lecture was copied from Philo Ruggles.] Trover, Volume 2 Trover
1791-04-07 Reeve, Tapping Where one man defrauds another in a bargain, an action on the case lies against him. [Lecture was copied from Philo Ruggles.] Fraud, Volume 2 Fraud
1791-06-10 Reeve, Tapping Tender is the offer of one person to deliver money, goods, etc to another at the time and place agreed on. [Lecture was copied from S.M. or S.H.?] Tender, Volume 2 Tender
1791-06-10 Reeve, Tapping In an action of indebitatus assumpsit for money received, it is necessary that the declaration state the manner in which the defendant became indebted, but it is not so by the English law. [Lecture was copied from S.M.?] Assumpsit, Volume 2 Action for indebitatus assumpsit
1791-06-10 Reeve, Tapping This action may be brought in all cases where one person lawfully has the property of another in his possession, in consequence of some agreement or contracts, and refuses to account. [Lecture was copied from S.M.?] Action of account, Volume 2 Action of account
1791-06-10 Reeve, Tapping Of Limitations in Cases of Trespass. Vide Carth 471; Salkeld 29; 2 Ventris 151; 1 Ventris 571; Croke Car. 160, 381, 839; 2nd Burrow 1099; Proc.Chancery 385.
1791-06-10 Reeve, Tapping Covenants real are those which affect real property, as when a man leases a farm and covenants to build a certain house, make a fence, dig a well, etc, and these covenants descent to the heir of the covenantee. [Lecture was copied from someone.] Covenants, Volume 2 Covenants
1791-06-10 Reeve, Tapping When a statute forbids anything to be done, the doing of which is an injury to a private person, he may bring his action on the statute of such and such action is not barred by the Statute of Limitations. [Lecture was copied from someone.] Municipal law, Volume 2 Qui tam actions
1791-06-10 Reeve, Tapping Abatement. A writ is always amendable where there is only an error in form and where it may be amended and made good consistent with the truth of the facts, as if a writ dated on the 15th of the month and the 14th was the last day of service, and the writ was actually served the 14th, but dated the 15th through mistake; of if a man be called by the wrong name. [Lecture was copied from someone.] Pleas & pleadings, Volume 2 Manner of pleadings
1791-09-01 Reeve, Tapping Question: can a feme covert by the laws of Connecticut devise her real estate? Affirmedly. I apprehend it will be impossible to ascertain with precision what the law was, in this respect, among our Saxon ancestor, before the introduction of the feudal system into England by the Normans. Essays, Volume 1 Essay by T. Reeve
1791-11-10 Reeve, Tapping A comparative view of the differences between the law of England & those of Connecticut by Tapping Reeve. Charts, Volume 1 Comparative view of differences
1791-11-10 Reeve, Tapping Of the difference tween the English Law & Conn as it respects Husband & Wife. Charts, Volume 1 Differences respecting husband & wife
1791-11-15 Reeve, Tapping Of the difference between English law and Connecticut as it respects master & servant. Charts, Volume 1 Differences respecting master & servant
1791-11-20 Reeve, Tapping Of the difference between English law & Connecticut as it respects parent & child including guardian Charts, Volume 1 Differences respecting parent & child
1791-11-24 Reeve, Tapping Of the difference between the English law & Connecticut as it respects Bailment. Charts, Volume 1 Differences respecting bailment
1791-12-06 Reeve, Tapping No. 9. Of Executors, Administrators, &c. An executor is one to whom another man commits, by will, the execution of that, his last will and testament. It is the duty of the executor to bury the deceased, to prove the will, to collect and pay the debts, and dispose of the remainder of the estate, accodring to the directions of the testator given in the will. Executor & Administrators, Volume 2 Of executors & administrators
1791-12-18 Reeve, Tapping If a foreigner or an inhabitant of another State move into any town in this State and has children after they come within this State, the children gain a settlement by birth. Volume 1 Settlements
1791-12-30 Reeve, Tapping Of the difference between English law and Connecticut as it respects Executors & administrators. [12 points of comparison] Charts, Volume 1 Differences respecting executors & administrators
1792-01-11 Reeve, Tapping Question 1. What is a legacy? Answer: A legacy is a gift, bequest of a particular thing by a man's last will and testament. Executor & Administrators, Volume 2 Legacies
1792-02-23 Reeve, Tapping It is a rule of law that every casue should be supported by the best evidence the nature of the case will admit. [Lecture was copied.] Evidence, Volume 2 Of Evidence
1792-03-05 Reeve, Tapping Executions of personal estate at common law, to wit, if chattels were by a writ if fieri facias, by which all the personal estate could be taken to discharge a debt, and that of levari facias, by which the profits of the lands might also be taken.
1792-03-05 Reeve, Tapping A scire facias is grantable where a judgment has been obtained and execution issued and something intervened that prevented satisfaction being obtained upon the execution and a legal claim still exists by force of the judgment.
1792-03-05 Reeve, Tapping The superior and county courts in this state have cognizance of matters in equity as well as law. All Chancery cases, where the matter in demand does not exceed 10 pounds are cognizable by the county court. Chancery, Volume 2 Courts of chancery
1792-03-05 Reeve, Tapping Notice is required to be given in many cases by law, to justify proceedings where anything is to be done or demanded, &c. Notice & request, Volume 2 Notice
1792-03-06 Reeve, Tapping Contracts entered into by persons non compos mentis may be avoided. It is true that a rigid adherence to a maxim established by the English Courts, that a man shall not be permitted to stultify himself, prevents such contracts from being rescinded directly, but his heir or representative may avoid them. Contracts, Volume 1 Contracts
1792-03-06 Reeve, Tapping An award is the determination of a matter in controversy by submission to indifferent persons chosen by the contending parties. Award, Volume 2 Arbitrement & award
1792-07-16 Reeve, Tapping Dissertation upon the operation of the terms Heirs & Heirs of his body in a will & other instruments of conveyance, by T. Reeve, Esqr. Essays, Volume 1 Dissertation on heirs & heirs of the body
1792-08-15 Reeve, Tapping This doctrine was devised by the civil law and was introduced into England to avoid the statutes of mortmain.
1792-08-15 Reeve, Tapping Those that exists in this country are ouster, trespass, nuisance, and waste. Blackstone mentions two others which are known in England. Injuries to real property, Volume 2 Injuries to real property
1792-08-15 Reeve, Tapping Forcible entry and detainer by the statute must be attended with actual violence or actions amounting to it. Injuries to real property, Volume 2 Entry & detainer
1792-08-17 Reeve, Tapping A nuisance is either public or private. Nuisance, Volume 2 Nuisance
1792-08-17 Reeve, Tapping When any person dies, the Court of Probate appoint persons to distribute his descended and purchased estates to the next of kin.
1792-08-17 Reeve, Tapping Our statute, 7 George 1, affirms the common law by compelling joint tenants and tenants in common by writ of partition to divide their lands, where the partners cannot agree to make a partition among themselves.
1792-08-18 Reeve, Tapping The principles of this statute are universally applicable to the English law and that of the neighboring States. Under this head will be considered all bonds given for appearance at court or prosecuting an action. Bail, Volume 2 Statute respectin bail
1792-08-18 Reeve, Tapping A Statute of Descents enacted by T. Reeve, Esq. "Be it enacted that whenever a person shall die intestate, after half of his just debts, his estate, real & personal, shall be distributed in the following manner: viz. one-third of his real estate to his wife for life, and in case he has left any lineal descendants living, one-third of his personal estate to his wife forever; if he has left no lineal descendants, one moiety of his personal estate shall belong to his wife forever, and in case of lineal descendants, then among them, the estate shall be divided in the following manner: Descents, Volume 1 Statute of descents
1793-01-01 to 1793-01-31 Reeve, Tapping Where one person has been 15 years peaceably in possession of another's land, by such possession he acquires a title to the same in exclusion of the rightful owner. Statute of limitations, Volume 2 Statute of limitations