Birth Date:
1793-01-05
Death Date:
1857-10-12
Digitized Notebooks:
Litchfield Ledger:
Original Repository:
Lillian Goldman Law Library at Yale Law School
Lecture Date | Lecturer | Opening Line | All terms |
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delete | |||
Volume 1 Voluntary escapes | |||
Volume 6 Loss by capture | |||
Gould, James | I shall lay down some general rules relating to pleading in general. | Pleas & pleadings, Volume 3 Writs declarations | |
Gould, James | If the declaration, the plea or any other pleading on either part, want necessary form or omits the circumstances of time, place &c, it is regularly aided by the adverse party's pleading over, instead of demurring. | Pleas & pleadings, Volume 3 Writs declarations | |
1812 | Sheriff & Gaoler, Volume 1 Voluntary escapes | ||
1812 | Gould, James | Parent & child, Volume 1 Mode in which an Infant may bind himself | |
1812 | Gould, James | Municipal law, Volume 1 Of the rights of persons | |
1812 | Baron & feme, Volume 1 Of agrreements between Husband & Wife | ||
1812 | Baron & feme, Volume 1 Miscellaneous rules | ||
1812 | Baron & feme, Volume 1 Of the mutual disability of the Husband & Wife | ||
1812 | Baron & feme, Volume 1 Of the wife's power to devise | ||
1812 | Baron & feme, Volume 1 Of the celebration of marriage | ||
1812 | Gould, James | Parent & child, Volume 1 Privileges & disabilities of Infants | |
1812 | Gould, James | An Infant or Minor is one under the age of 21. | Parent & child, Volume 1 Parent & child guardian & ward |
1812 | Gould, James | Parent & child, Volume 1 What powers an Infant may execute | |
1812 | Gould, James | Parent & child, Volume 1 What offices an Infant may hold | |
1812 | Gould, James | ||
1812 | Gould, James | Parent & child, Volume 1 Of the relative rights & duties of parents & children | |
1812 | Gould, James | Parent & child, Volume 1 Rights & incapacities of Bastards | |
1812 | Gould, James | Parent & child, Volume 1 Reciprocal rights & duties of Parents | |
1812 | Gould, James | A Guardian is a temporary parent, i.e., a person in loco parentis during the ward's minority. | Guardian & Ward, Volume 1 Different kinds of guardians |
1812 | Gould, James | Guardian & Ward, Volume 1 Marriage of Wards | |
1812 | Gould, James | Guardian & Ward, Volume 1 Settlement of infants | |
1812 | Gould, James | A servant is one who is subject to the personal authority of another. A master is one who exercises that authority. | Master & Servant, Volume 1 Master & servant |
1812 | Gould, James | Municipal law, Volume 1 Of the construction of statutes | |
1812 | The word "Sheriff" denotes in its original sense the keeper of County. | Sheriff & Gaoler, Volume 1 Sheriffs & gaolers | |
1812 | Sheriff & Gaoler, Volume 1 Of the Sheriff's deputies | ||
1812 | Sheriff & Gaoler, Volume 1 Of the manner of executing process | ||
1812 | Negligent escapes are such that happen without the consent of the Sheriff or officer holding him. | Sheriff & Gaoler, Volume 1 Negligent escapes | |
1812 | Sheriff & Gaoler, Volume 1 Provisions of Connecticut concerning Gaolers | ||
1812 | This title will include all the Law respecting Executors & Administrators, the payment of debts, the payment of Legacies, the manner of distribution and all the Law respecting Wills. | Executor & Administrators, Volume 1 Primary & general observations | |
1812 | When you have found the next of kin, there is no trouble in distributing. | Executor & Administrators, Volume 1 General observations continued | |
1812 | Executor & Administrators, Volume 1 Of assets | ||
1812 | Executor & Administrators, Volume 1 Who may be an executor | ||
1812 | Executor & Administrators, Volume 1 Who may be an Administrator | ||
1812 | Gould, James | Municipal law, Volume 1 Of pleading statutes | |
1812 | Executor & Administrators, Volume 1 Who are entitled to administration | ||
1812 | Executor & Administrators, Volume 1 Of transmitting the trust of executors & administrators | ||
1812 | Executor & Administrators, Volume 1 The manner of proving wills | ||
1812 | Executor & Administrators, Volume 1 The manner of granting Administration | ||
1812 | Executor & Administrators, Volume 1 Administrator durante minore aetate | ||
1812 | Executor & Administrators, Volume 1 What acts an executor may do before probate | ||
1812 | Executor & Administrators, Volume 1 Of co-executors | ||
1812 | Executor & Administrators, Volume 1 Of making Debtors Executors | ||
1812 | Executor & Administrators, Volume 1 The duty of Executors & Administrators | ||
1812 | Gould, James | Municipal law, Volume 1 Who may prosecute on penal statutes | |
1812 | Executor & Administrators, Volume 1 Of Legacies | ||
1812 | Gould, James | Municipal law, Volume 1 When qui tam prosecutions will lie | |
1812 | Executor & Administrators, Volume 1 Donatio causa mortis | ||
1812 | Executor & Administrators, Volume 1 Distributions | ||
1812 | Case 1st. I.S. died leaving a wife and three children. | Executor & Administrators, Volume 1 Distribution examples | |
1812 | Gould, James | Law in its most general & extensive sense, is a rule of action or conduct. | Municipal law, Volume 1 Municipal law |
1812 | Executor & Administrators, Volume 1 Actions by and vs. Executors | ||
1812 | Executor & Administrators, Volume 1 What things are personal property | ||
1812 | Executor & Administrators, Volume 1 Of advancement | ||
1812 | Executor & Administrators, Volume 1 Devastavit | ||
1812 | Executor & Administrators, Volume 1 Difference between law of Conn. and Eng. law | ||
1812 | Executor & Administrators, Volume 1 Miscellaneous articles | ||
1812 | Of the Rights & duties generally. Marriage, which is the institution of the relation between Husband & Wife, is regarded by the C.L. & our own as a civil contract, & the requisites are the same as for making any other contract. | Baron & feme, Volume 1 Of Husband & Wife | |
1812 | Baron & feme, Volume 1 How a wife may be barred of her dower | ||
1812 | Baron & feme, Volume 1 Of paraphernalia | ||
1812 | Baron & feme, Volume 1 Of the Husband's liability on the Wife's account | ||
1812-01-01 to 1812-12-31 | Gould, James | Slander consists of maliciously defaming a person. | Private wrongs, Volume 3 Action of slander |
1812-01-01 to 1812-12-31 | Gould, James | In England Replevin is a redelivery to the owners by legal process of cattle or goods distreined for any cause, on security given to try the right & redeliver if judg't be against him. | Public wrongs, Volume 3 Action of replevin |
1812-01-01 to 1812-12-31 | Gould, James | Action of trespass on the Case arising ex delicto for injuries to the Person and Personal Property. | Private wrongs, Volume 3 Action of trespass on the case |
1812-01-01 to 1812-12-31 | Gould, James | This is a prerogative writ issuing in England from B.R. & answers in some degree in its effect to the specific relief afforded in Chancery. | Prerogative writs, Volume 3 Mandamus |
1812-01-01 to 1812-12-31 | Gould, James | This is a prerogative writ issuing generally from the B.R. to prevent inferior courts from deciding cases out of theri jurisdiction. | Prerogative writs, Volume 3 Writ of prohibition |
1812-01-01 to 1812-12-31 | Gould, James | This is a writ by which a person restrained of his liberty may be brot before some Supr Ct for some special purpose either on his own application to be relieved from confinement or to obtain justice or upon that of some other person having a right to require his appearance. | Habeas corpus, Volume 3 Prerogative writs |
1812-01-01 to 1812-12-31 | Reeve, Tapping | This writ issues where a man has good reason for not paying an Execution, but has no day in Court on which he can make his defence. | Audita querula, Volume 3 Audita querula |
1812-01-01 to 1812-12-31 | Reeve, Tapping | This writ issues directing the person or persons to appear & show by what authority they exercise a certain office. | Prerogative writs, Volume 3 Quo warranto |
1812-01-01 to 1812-12-31 | Gould, James | Pleadings are defined to be the mutual altercations between the Plaintiff & Defendant in a suit put into legal form & set down in writing. | Pleas & pleadings, Volume 3 Pleas & pleadings definition |
1812-01-01 to 1812-12-31 | Gould, James | In all actions the declaration must conatina what is called certainty. | Pleas & pleadings, Volume 3 Writs declarations |
1812-01-01 to 1812-12-31 | Gould, James | In enquiring what parties may be joined in one declaration, I observed there were certain acts which could not be committed jointly, of course, an action for violation of them cannot be brought. | Pleas & pleadings, Volume 3 Writs declarations |
1812-01-01 to 1812-12-31 | Gould, James | Miscellaneous rules respecting declarations. The Declaration should always agree with the writ. | Pleas & pleadings, Volume 3 Writs declarations |
1812-01-01 to 1812-12-31 | Gould, James | Dilatory pleas are used for the mere purpose of delay, & filed without any foundation in truth whatever. | Pleas & pleadings, Volume 3 Dilatory pleas |
1812-01-01 to 1812-12-31 | Gould, James | The word "abatement" in Law denotes prostration or demolition. | Pleas & pleadings, Volume 3 Pleas in abatement |
1812-01-01 to 1812-12-31 | Gould, James | Coverture. Another cause of abatement is the coverture of the defendant. | Pleas & pleadings, Volume 3 No. 9 Pleas in abatement |
1812-01-01 to 1812-12-31 | Gould, James | Another cause of abatement is the non-joinder or misjoinder of parties. | Pleas & pleadings, Volume 3 Pleas in abatement |
1812-01-01 to 1812-12-31 | Gould, James | The writ having unduly issued is another cause of abatement. | Pleas & pleadings, Volume 3 Unduly issued writs |
1812-01-01 to 1812-12-31 | Gould, James | An issue always closes the pleadings and when well tendered on one side, must be accepted by the other. | Pleas & pleadings, Volume 3 Pleas to the action |
1812-01-01 to 1812-12-31 | Gould, James | A special plea amounting to the general issue is regularly inadmissible. | Pleas & pleadings, Volume 3 Pleas to the action |
1812-01-01 to 1812-12-31 | Gould, James | As to the nature of slander by writing, whatever words would be actionable if spoken, are clearly so when written. | Private wrongs, Volume 3 Slander by writing or libel |
1812-01-01 to 1812-12-31 | Gould, James | A special plea in Bar always alledges some new special matter & therefore it is called a special plea in Bar. | Pleas & pleadings, Volume 3 Special plea in bar |
1812-01-01 to 1812-12-31 | Gould, James | There are many things to be considered which relate to Pleadings in general. And first, of a Traverse. | Pleas & pleadings, Volume 3 Traverse |
1812-01-01 to 1812-12-31 | Gould, James | It is a general rule that there cannot be a traverse upon a traverse. This rule is founded in reason of necessity. | Pleas & pleadings, Volume 3 Traverse |
1812-01-01 to 1812-12-31 | Gould, James | In 1 Saund. 285 there is an authority referring to the 2 Saund 190 to the point that a wrong conclusion is a matter of substance at Com. Law. | Pleas & pleadings, Volume 3 Traverse |
1812-01-01 to 1812-12-31 | Gould, James | Duplicity is a fault in all pleading, and altho' it is laid down as a general rule that it is a fault in all except dilatory pleas, yet from what I have said before on the point, you will observe it is a fault in any plea. | Pleas & pleadings, Volume 3 Duplicity |
1812-01-01 to 1812-12-31 | Gould, James | A stranger to a deed may plead it without making profert of it. | Pleas & pleadings, Volume 3 Profert & Oyer |
1812-01-01 to 1812-12-31 | Gould, James | A Demurrer is defined by Mr. Law is to be an irregular collaterative part of pleading. | Pleas & pleadings, Volume 3 Demurrer definition |
1812-01-01 to 1812-12-31 | Gould, James | Demurrers are either general or special. The difference between a general and special demurrer is this. | Pleas & pleadings, Volume 3 Demurrer general or special |
1812-01-01 to 1812-12-31 | Gould, James | Private wrongs, Volume 3 Action of trover | |
1812-01-01 to 1812-12-31 | Gould, James | A demurrer is never taken until issue in fact is joined & evidence is offered in support of that issue. | Pleas & pleadings, Volume 3 Demurrer to evidence |
1812-01-01 to 1812-12-31 | Gould, James | To arrest the Judgment is to stop or stay it, in other words to prevent its being rendered. | Pleas & pleadings, Volume 3 Arrest of judgment |
1812-01-01 to 1812-12-31 | Gould, James | On the other hand, nothing after verdict can be presumed to have been proved, except those facts which are alleged & those necessarily implied from them. | Pleas & pleadings, Volume 3 No. 25 Motions in arrest |
1812-01-01 to 1812-12-31 | Gould, James | Thus far of motions in arrest and repleaders for defects in the pleadings. | Pleas & pleadings, Volume 3 Repleader |
1812-01-01 to 1812-12-31 | Gould, James | An application for a New Trial in England is always by motion. | New trials, Volume 3 New trials |
1812-01-01 to 1812-12-31 | Gould, James | 3. Defects in competency in the Jury or Jurors are good causes for new trials | New trials, Volume 3 Cause for new trials |
1812-01-01 to 1812-12-31 | Gould, James | Under our law the mistakes of counsel pleading a wrong plea is a ground for a new trial. | New trials, Volume 3 Mistakes of counsel |
1812-01-01 to 1812-12-31 | Gould, James | The principles found in the English Books on Writs of Error must be the same every where, but the mode of carrying them into execution is different in different countries and different States. | Volume 3 Principles of writs of error, Writs of error |
1812-01-01 to 1812-12-31 | Gould, James | When a judgment is reversed for plaintiff in Error, who was plaintiff in the original action, the general rule is , that the Court above renders the same judgment that the court below ought to have done. | Volume 3 Writs of error, Writs of error |
1812-01-01 to 1812-12-31 | Gould, James | Note a. During the time of the Commonwealth, pleaadings were in English (1 page of the title.) | Pleas & pleadings, Volume 3 Supplement pleas & pleadings |
1812-01-01 to 1812-12-31 | Gould, James | An assault is an attempt or offer to do a corporal hurt to another. | Private wrongs, Volume 3 Action of assault & battery |
1812-01-01 to 1812-12-31 | Gould, James | Private wrongs, Volume 3 Trespass vi et armis for false imprisonment | |
1812-01-01 to 1812-12-31 | Gould, James | This action is to recover damages vs. one who has preferred an indictment or other prosecution or brought an action vs. pltff from a corrupt motive (i.e. malice) without any ground or probable cause. | Private wrongs, Volume 3 Malicious prosecution |
1812-01-01 to 1812-12-31 | Gould, James | Trespass in its most extensive acceptation at C.L. is any transgression of law, short of treason, felony & misprision of treason or felony. | Public wrongs, Volume 3 Trespass for injuries to personal property |
1812-01-01 to 1813-12-31 | Gould, James | Purchase includes every mode of acquiring an estate except that of descent. | Title by deed, Volume 5 Introductory remarks |
1812-09-01 to 1812-09-30 | Reeve, Tapping | A contract is an agreement entered into between two or more either to do or not to do a particular thing. | Contracts, Volume 2 General view of the subject |
1812-09-01 to 1812-09-30 | There is a very important question upon which eminent lawyers differ: it is this: | Contracts, Volume 2 Notes on contracts | |
1812-09-30 | Until the terms of a contemplated contract are accepted on both sides, it is not consummated. | Contracts, Volume 2 No. 9 Of annulling discharging or waiving of contracts | |
1812-10-01 | Gould, James | Bailment is defined to be "a delivery of goods, on a condition express or implied, that they shall be restored by the bailee to the bailor, or according to his order or direction, whenever the purpose for which they were bailed shall be answered." | Bailments, Volume 2 Bailments definition |
1812-10-02 | Gould, James | According to the common law, there are six kinds of bailment. | Bailments, Volume 2 Different kinds of bailment |
1812-10-03 | Gould, James | The fourth kind of bailment is called a pawn or pledge. | Bailments, Volume 2 Pawn or pledge |
1812-10-05 | Gould, James | If the pawner, after tendering the money, bring his action of trover on the refusal to deliver, still pawnee may recover his debt. | Bailments, Volume 2 Refusal to deliver |
1812-10-06 | Gould, James | Secondly, of goods bailed to a public character, or to a person executing a public employment, as e.g., a common carrier. | Bailments, Volume 2 Common carrier |
1812-10-07 | Gould, James | Hence the master of a stage coach who received hire for passengers only & not for baggage is not liable as a com. carrier for the loss of the latter. | Bailments, Volume 2 Liability for baggage |
1812-10-08 | Gould, James | I am now to consider how the rights of third persons are affected by a contract of bailment. | Bailments, Volume 2 Rights of third persons |
1812-10-09 | Gould, James | To what actions or remedies the bailor and bailee are respectively entitled as vs. strangers & vs. each other. | Bailments, Volume 2 Actions remedies of bailer |
1812-10-10 | Gould, James | Inns are public houses of entertainment for travellers. The keeper of the house is called the host & the person entertained is the guest. | Inns & Innkeepers, Volume 2 Innkeepers |
1812-10-12 | Gould, James | Of the general nature of covenants and how they may be created. this is an action founded upon a covenant & claiming a recovery for some breach of it. | Action for covenant broken, Volume 2 Action of covenant |
1812-10-13 | Gould, James | It is a general rule that covenants are to be construed liberally. | Action for covenant broken, Volume 2 Of the construction of covenants |
1812-10-14 | Gould, James | In all deeds of conveyance, except releases or what we usually call quitclaims, there are two covenants, express or implied. | Action for covenant broken, Volume 2 Covenents used in conveyances |
1812-10-15 | Gould, James | Covenants & other contracts to pay money by Installments. This subject is treated very confusingly in the books. | Action for covenant broken, Volume 2 Covenants |
1812-10-17 | Gould, James | As to assignees, I further observe, that they are liable upon the covenants, according to the distinctions already laid down, whether the assignment is actual or whether it is by devise or by sale under Execution. | Action for covenant broken, Volume 2 No. 6 Action on covenants |
1812-10-19 | Gould, James | In some cases the covenanter after assignment may release the covenants; in others he can not. | Action for covenant broken, Volume 2 Releasing covenants |
1812-10-26 | Gould, James | It is laid down in the books as a genral rule that when the covenants in a deed are all in the affirmative, the Def't when sued upon the covenant may plead performance of it in general terms. | Action for covenant broken, Volume 2 Action on covenants |
1812-10-27 | Gould, James | A covenant in one deed can't be pleaded in bar to an action on a covenant in another deed. | Action for covenant broken, Volume 2 Pleading a covenant |
1812-10-28 | Gould, James | It is unfortunate for the country that this action has been very much disused in the Courts of Westminster Hall in England. | Action of account, Volume 2 Action of account |
1812-10-29 to 1812-11-20 | Gould, James | The legal acceptation of the word "debt" is a sum of money due by certain (or express) contract. e.g., by a bond for a determinate sum. | Action for debt, Volume 2 Action of debt |
1812-10-29 to 1812-11-20 | The action of Detinue lies for a recovery of a specific chattel and thus far it is in the nature of a bill in Chancery in its effect. | Action of detinue, Volume 2 Action of detinue | |
1812-10-29 to 1812-11-20 | Gould, James | At Common Law, a request by the Pl'ff in actions on contract is always necessary. | Notice & request, Volume 2 Actions on contracts |
1812-11-21 | Reeve, Tapping | I shall treat of the defences to Actions on Contracts generally. | Defenses to action, Volume 2 Defenses to actions on contracts |
1812-11-23 | Reeve, Tapping | Money which is current according to law is the only good tender (if insisted on) but it has been decided both in Chancery and in a Court of Law that current Bank Notes are a valid tender, when no objection is made to them on that account. | Defenses to action, Volume 2 Money the only good tender |
1812-11-25 | Reeve, Tapping | In a case where one of two joint debtos acknowledges debt, and paid a part of it after the statute had run upon it, it was holden that it was an acknowledgment of both. | Statute of limitations, Volume 2 Defenses to actions on contracts |
1812-11-26 to 1812-11-30 | Reeve, Tapping | When there is a Contract for money & it is paid, "full payment" is the plea. | Defenses to action, Volume 2 Of accord & satisfaction |
1813-01-01 to 1813-12-31 | not identified | By statute 13 Elizabeth & a like Statute in Connecticut, all conveyances, bonds, suits, judgments, executions & contracts made to defraud the creditors or grantor, are, as against those only, | Fraudulent conveyance, Volume 6 Defrauding is illegal |
1813-01-01 to 1813-12-31 | Of the nature of crimes. That branch of the municipal law which treats of crimes is sometimes called criminal law, sometimes pleas of the crown, and sometimes public wrongs. | Public wrongs, Volume 4 Public wrongs appendix | |
1813-01-01 to 1813-12-31 | not identified | Marriage is in law a valuable consideration; hence a conveyance in consideration of marriage is good, as vs. subsequent bona fide purchaser, under the statute 27 Elizabeth. | Fraudulent conveyance, Volume 6 Valuable consideration |
1813-01-01 to 1813-12-31 | not identified | Who can take advantage of, By stat. 27 Eliz, no other than a purchaser bona fide & for valuable consideration can avoid a prior voluntary conveyance under statute 27 Elizabeth. | Fraudulent conveyance, Volume 6 Statute 27 Elizabeth |
1813-01-01 to 1813-12-31 | not identified | under Statutes 13 & 27 Elizabeth. When there is a voluntary gift of money or of other personal chattels, if it is consumed or passed away by fraudulent donee and not to be found | Fraudulent conveyance, Volume 6 Voluntary gifts of money &c |
1813-01-01 to 1813-12-31 | not identified | A devise is a mode of alienation & may be defined a testamentary disposition of real property; or a disposition of real property to take effect on the death of the owner. | Devises, Volume 5 Purchase by devise |
1813-01-01 to 1813-12-31 | not identified | The English rule is, that all persons who may convey and who are not disqualified at common law or by the express words of the statutes of wills, may devise. | Devises, Volume 5 Who may devise |
1813-01-01 to 1813-12-31 | not identified | In general, all persons not incapacitated by positive law may be devisees. | Devises, Volume 5 Who may take by devise |
1813-01-01 to 1813-12-31 | not identified | A devise may be ineffectual either from defects apparent upon the face of it, or from something extrinsic. | Devises, Volume 5 How a devise may fail of taking effect |
1813-01-01 to 1813-12-31 | not identified | How far parol evidence may be admitted to control or explain a devise. Every instrument consists of matter of fact and matter of law. | Devises, Volume 5 Parol evidence to explain a devise |
1813-01-01 to 1813-12-31 | not identified | Wills and devises are "ambulatory" till the testator's death, i.e., not consummated, ergo revocable by testator. | Devises, Volume 5 Revocations |
1813-01-01 to 1813-12-31 | not identified | This statute, 29 Charles 2, enacts "that no devise &c shall be revoked otherwise than by some other will or codicil in writing or other writing declaring the same (or by burning. | Devises, Volume 5 Revocation under English St. of frauds |
1813-01-01 to 1813-12-31 | not identified | The Ecclesiastical courts in England have no jurisdiction over devises of land only and a prohibition lies to prevent from proceeding in the probate of devises. | Devises, Volume 5 Jurisdiction of courts as to devises |
1813-01-01 to 1813-12-31 | not identified | Trespass in its extensive sense, signifies any transgression of law. | Injuries to real property, Volume 6 Trespass its general nature |
1813-01-01 to 1813-12-31 | Gould, James | The legal evidences of alienation of real property are called in the law common assurances, being the means by which a man's estate is assured to him. | Title by deed, Volume 5 Nature of deeds |
1813-01-01 to 1813-12-31 | Gould, James | A deed must be founded on lawful and sufficient consideration. | Title by deed, Volume 5 Consideration |
1813-01-01 to 1813-12-31 | Gould, James | Deeds are to be construed as near the apparent intention of the parties as the rules of law will permit. | Title by deed, Volume 5 Construction of deeds |
1813-01-01 to 1813-12-31 | not identified | It lies not vs lessee for years, for cutting timber nor for cutting and carrying away, lessor mot in possession of the [word]. The remedy is by writ of waste. | Injuries to real property, Volume 6 Against whom the action lies |
1813-01-01 to 1813-12-31 | not identified | Of ouster & remedies for it. Ouster in an injury by which a tenant in possession of land &c is wrongfully removed or turned out of it. | Injuries to real property, Volume 6 Ejectment & disseisin |
1813-01-01 to 1813-12-31 | not identified | Waste is any spoil or destruction in houses, lands, trees, or other corporeal heriditaments to the disherison of him who has the remainder or reversion in fee simple or fee tail. | Injuries to real property, Volume 6 Of waste |
1813-01-01-1813-12-31 | Gould, James | General powers of Chancery are not easily defined. | Chancery, Volume 4 Powers of Chancery |
1813-02-22 | Reeve, Tapping | With respect to the doctrine of evidence, there is an infinite variety of Questions arising in a Court of Justice which are entirely new. | Evidence, Volume 4 Doctrine of evidence |
1813-02-23 | Reeve, Tapping | I shall go on in this lecture with some prefatory observations. | Evidence, Volume 4 Prefatory observations |
1813-02-24 | Reeve, Tapping | I have now concluded my prefatory remarks, & shall proceed to give you the principles with authorities. | Evidence, Volume 4 Principles with authorities |
1813-02-25 | Reeve, Tapping | Under this head of necessity is the case of an Escapee being a witness vs. the Sheriff when he is sued for a voluntary escape. | Evidence, Volume 4 Witnesses |
1813-02-26 | Reeve, Tapping | On the subject of a Trustee, who has the legal title only, and in that sense always so far interested that the suit must be brought in his name, but the beneficial interest is in another. | Evidence, Volume 4 Trustee |
1813-02-27 | Reeve, Tapping | The fourth class of persons are those wanting discretion. Under this head, all persons deranged are excluded. | Evidence, Volume 4 Discretion |
1813-03-01 | Reeve, Tapping | I have noticed to you the ground on which the character of witnesses can be inquired into. | Evidence, Volume 4 Character of witnesses |
1813-03-02 | Reeve, Tapping | There is an isolated subject of which I will now treat. It is with respect to the father or mother being admitted to prove the illegitimacy of the children. | Evidence, Volume 4 Parents as witnesses |
1813-03-03 | Reeve, Tapping | Of depositions. Affadavits are a species of Deposition made by the party himself in court for some particular reason. | Evidence, Volume 4 Depositions |
1813-03-04 | Reeve, Tapping | You will find cases in Chancery where third persons have availed themselves of the answer of a party, but this is not a departure from the rule that a judgment is conclusive only between the parties to it. | Evidence, Volume 4 Third persons |
1813-03-05 | Reeve, Tapping | It is said that an instrument in writing cannot be delivered to one of the parties as an escrow. | Evidence, Volume 4 Escrow |
1813-03-06 | Reeve, Tapping | Of rebutting an equity. Parol proof may be admitted to rebut an Equity. | Evidence, Volume 4 Rebutting an equity |
1813-03-08 | Gould, James | The mercantile law, or what is usually called the "law merchant," has been oftentimes denominated a "particular custom." But this is manifestly incorrect. | Mercantile law, Volume 6 Lex mercatoria |
1813-03-09 | Gould, James | I concluded my yesterday's lecture with laying down the rule that the defendant was in general not permitted to aver the want of consideration, except when the action was | Mercantile law, Volume 6 Bills of exchange |
1813-03-10 | Gould, James | No particular form or set of words is necessary in the creation of a bill of exchange, tho' there are ordinary words, which have become so established that they are usually followed. | Bills of exchange & promissory notes, Volume 6 Form & requisites of a bill of exchange |
1813-03-11 | Gould, James | For the purpose of pursuing this subject, I will again remind you of the general rule laid down, viz. that as between parties immediately concerned in the transaction, | Bills of exchange & promissory notes, Volume 6 Illegality of the consideration |
1813-03-13 | Gould, James | You will perceive from what has been said, that by absolute acceptance the drawer is bound to pay according to the tenor of the bill; and by a conditional or partial acceptance, | Bills of exchange & promissory notes, Volume 6 Non-acceptance |
1813-03-15 | Gould, James | I was in my last lecture treating of notice, necessary to be given to prior parties of non-acceptance. | Bills of exchange & promissory notes, Volume 6 Mode & manner of notice |
1813-03-16 | Gould, James | I further observe on this subject, that if the drawer refuses to accept the bill at all, any other person may accept it for the honor of the drawer or any endorser. | Bills of exchange & promissory notes, Volume 6 Transfer & negotiation |
1813-03-17 | Gould, James | In treating of the negotiability of bills yesterday, I endeavored to explain the nature of a transfer & by whom it is made. | Bills of exchange & promissory notes, Volume 6 Mode of transferring bills |
1813-03-18 | Gould, James | A transfer of a bill by endorsement is similar in legal effect to the making of a new bill; and the endorser is in almost every respect as a new drawer on the original drawee. | Bills of exchange & promissory notes, Volume 6 Operation of a transfer |
1813-03-19 | Gould, James | The time of presentment for payment where the bill is payable at a certain time after sight or at usance depends on the appointment made in this respect in the instrument. | Bills of exchange & promissory notes, Volume 6 Presentment for payment |
1813-03-20 | Gould, James | A promissory negotiable note is a direct engagement in writing to pay a sum of money to a person therein named or to his order or to bearer. | Bills of exchange & promissory notes, Volume 6 Promissory notes |
1813-03-20 | Gould, James | When a bill or note cannot take effect according to its form, the more proper way of declaring upon it, is to state it according to its legal operation. | Bills of exchange & promissory notes, Volume 6 Action upon a bill of exchange |
1813-03-22 | Gould, James | I observed that in an action to be brought by the endorser vs the drawer or acceptor, the handwriting of the first endorser must be proved, for it the payee has never endorsed, | Bills of exchange & promissory notes, Volume 6 Action brought by drawer or endorser |
1813-03-23 | Reeve, Tapping | I shall make some introductory remarks before I enter on the general subject of insurance. | Insurance, Volume 6 Insurance |
1813-03-24 | Reeve, Tapping | There is no question but what every person, whether a citizen or alien may be insured, except an alien enemy. | Insurance, Volume 6 What persons may be insured |
1813-03-25 | Reeve, Tapping | Commerce of any kind with an enemy is unlawful. | Insurance, Volume 6 Bottomry bonds |
1813-03-26 | Reeve, Tapping | Double insurance is a very different thing from reinsurance. | Insurance, Volume 6 Double insurance |
1813-03-27 | Reeve, Tapping | In order to charge the insurer with loss, the loss must happen during the continuance of the risk. | Insurance, Volume 6 Risks on goods |
1813-03-29 | Reeve, Tapping | It seems this is an Italian word signifying a "writing of indemnity vs. a loss." | Insurance, Volume 6 Policy of insurance |
1813-03-30 | Reeve, Tapping | It frequently happens after you come to a certain point in a voyage, different courses may be taken to the same place. | Insurance, Volume 6 Change in course of a voyage |
1813-03-31 | Reeve, Tapping | The next warranty that the insured makes is that the property is neutral. What is neutral property? | Insurance, Volume 6 Warranty |
1813-04-01 | Reeve, Tapping | It seems from what I have said, that the warranty that a ship is neutral, or that the property on board is neutral & it turns out that it is not so, it is clear that the insurers are discharged. | Insurance, Volume 6 Neutral ship |
1813-04-02 | Reeve, Tapping | There are certain things agreed on all hands, that may not be disclosed. They all proceed on the ground that the fact is as well known to the one as the other, | Insurance, Volume 6 Implied warranties |
1813-04-03 | Reeve, Tapping | There is also an implied warranty by the insured that the ship shall not deviate, i.e., go out of her course unnecessarily. | Insurance, Volume 6 Deviation of course |
1813-04-05 | Reeve, Tapping | There is a distinction to be observed between capture and detention. The policy is frequently provided vs detention. | Insurance, Volume 6 Loss by capture |
1813-04-05 | Reeve, Tapping | Among other things, called general average, for which the insurers are liable, altho' the loss is on articles which would not otherwise be liable are these, when a neutral vessel | Insurance, Volume 6 Right of abandonment |
1813-04-07 | Reeve, Tapping | If the loss is total & the policy a valued one, being bona fide, & no wager, the method of adjustment in this case has already been noticed. | Insurance, Volume 6 Adjustment of losses |
1813-04-08 | Reeve, Tapping | It is often stipulated in the policy itself that there shall be a return of the premium on the happening of a certain event. | Insurance, Volume 6 Return of the premium |
1813-04-09 | Reeve, Tapping | I was observing to you the necessity of stating the loss correctly that it might appear to be the loss insured. I should observe one thing to you. | Insurance, Volume 6 Statement of losses |
1813-04-10 | Reeve, Tapping | These policies of insurance are frequently procured by agents. And the warranties are subscribed by agents, i.e., agents of the insured. | Insurance, Volume 6 Agents of the insured |
1813-04-10 | Reeve, Tapping | An insurance on life is to insure the life of a person for a certain time, for a gross sum of money, a premium on it may be by way of annuity. | Insurance, Volume 6 Insurance on lives |
1813-04-10 | Reeve, Tapping | An insurance against fire without interest was void at common law without the aid of statute & it has never been contradicted. | Insurance, Volume 6 Insurance against fire |
1813-04-13 | Reeve, Tapping | There are two kinds of these charter parties. One is where a merchant agrees with the owner of a ship or the master of her to carry goods for him from one place to another. | Charter parties, Volume 6 Charter parties |
1813-04-14 | Reeve, Tapping | I do not here enter upon the whole subject in great measure governed by the common law which is treated in another place. I merely wish to point out the Law Merchant as it differs from the common law. | Joint ownership, Volume 6 Joint owners of vessels |
1813-04-15 | Reeve, Tapping | Factors/agency, Volume 6 Of factors | |
1813-04-17 | Reeve, Tapping | What observations I shall make in this lecture will be merely introductory to the general subject. | Public wrongs, Volume 4 No. 1 Public wrongs |
1813-04-19 | Reeve, Tapping | When crimes are committed certain persons are principals & it often happens that certain persons are Accessories. | Public wrongs, Volume 4 No. 2 Principals & accessories |
1813-04-22 | Reeve, Tapping | Burglary "is the breaking & entering a man's house (domus) in the night season with interest to commit a felony." | Public wrongs, Volume 4 No. 3 Burglary |
1813-04-23 | Reeve, Tapping | As to subornation of perjury, nothing more need to be said, but that it is "where one person induces or procures another to swear falsily." | Public wrongs, Volume 4 No. 4 Subornation of perjury |
1813-04-24 | Reeve, Tapping | At Common Law theft cannot be committed upon choses in action, as bonds, notes &c tho' they are personal property. | Public wrongs, Volume 4 No. 5 Theft |
1813-04-26 | Reeve, Tapping | Besides those offenses already considered, as riots, routs &c, there are those breaches of the peace which have no other name, except they are sometimes called Trespass vs. the Public. | Public wrongs, Volume 4 No. 6 Breaches of the peace |
1813-04-28 | Reeve, Tapping | There is an offence made so by a very ancient Statute in England which Stat I believe had been copied into most of the Statutes of the United States. Forcible entry & detainer. | Public wrongs, Volume 4 No. 8 Forcible entry & detainer |
1813-04-29 | Reeve, Tapping | I do not think it is possible to get a correct idea of homicide from any definition we have in use. | Public wrongs, Volume 4 No. 9 Homicide |
1813-04-30 | Reeve, Tapping | I yesterday mentioned a case where one man shot his wife. There is another case. | Public wrongs, Volume 4 No. 10 Homicide |
1813-05-01 | Reeve, Tapping | There is a process known by the name of complaint, which is made by a person in certain circumstances, to a magistrate or civic officer, the object of which is to compel another person to enter bonds that he will Keep the Peace. | Public wrongs, Volume 4 No. 11 Complaint |
1813-05-03 | Reeve, Tapping | The general powers of a court of chancery are incapable of a definition. | Chancery, Volume 4 Powers of Chancery |
1813-05-04 | Reeve, Tapping | I shall observe to you as I proceed all the cases where Courts of Chancery apply the principles of the Law, where Courts of Law have refused, and there are many principles to be learned which will require careful attention. | Chancery, Volume 4 Principles in Chancery |
1813-05-05 | Reeve, Tapping | I have observed that it was a general rule that Courts of Chancery did not interfere in personal contracts when there was an adequate remedy at Law. | Chancery, Volume 4 Personal contracts |
1813-05-06 | Reeve, Tapping | I have already abserved that Chancery will deny a specific execution of a contract where they would not rescind it. | Chancery, Volume 4 Specific execution |
1813-05-08 | Reeve, Tapping | Courts of Chancery also assumed the power of relieving. | Chancery, Volume 4 Power of relieving |
1813-05-08 | Reeve, Tapping | Chancery also exercises the power of relieving vs. penalties. | Chancery, Volume 4 Relieving against penalties |
1813-05-10 | Reeve, Tapping | I was in the close of my last lecture observing to you something of the doctrine concerning a power assumed in Chancery of marshalling the assets, as the subject is important. | Chancery, Volume 4 No. 7 Marshalling the assets |
1813-05-11 | Reeve, Tapping | There is a subject over which Chancery exercises a power which as it respects property is very important. This is allowing a Wife a separate property from the Husband. | Chancery, Volume 4 Wife's separate property |
1813-05-17 | Reeve, Tapping | In England and in many of the States, every Bond creditor is considered as having a general lien upon the land of which the owner dies seized. | Chancery, Volume 4 Bond creditors |
1813-05-18 | Reeve, Tapping | There are many cases where A has the legal title to property & the beneficial interest be in B. | Chancery, Volume 4 Cases in Chancery |
1813-05-19 | Reeve, Tapping | Courts of Chancery also exercise the power of issuing injunctions. | Chancery, Volume 4 Injunctions |
1813-05-19 to 1813-05-25 | Gould, James | Things, as that word is used in the law are the subjects of property; or the subjects in which an interest or estate can be enjoyed. | Real property & mortgages, Volume 5 Things real definition |
1813-05-19 to 1813-05-25 | Gould, James | An estate in lands &c is the interest which the tenant has in them. | Real property & mortgages, Volume 5 Estates in lands tenements & heriditaments |
1813-05-19 to 1813-05-25 | Gould, James | These estates are either absolute or limited. An absolute estate of inheritance is an estate which one holds to himself & his heirs generally absolutely & without restriction | Real property & mortgages, Volume 5 Freehhold estates of inheritance |
1813-05-19 to 1813-05-25 | Gould, James | All freeholds not of inheritance are estates for life or lives and this is the lowest species of real property. | Real property & mortgages, Volume 5 Freeholds not of inheritance |
1813-05-26 | Gould, James | The second species of life estates created by operation of law is tenancy in dower. | Real property & mortgages, Volume 5 Tenancy in dower |
1813-05-26 | Gould, James | There are three kinds of estates: for years; at will and by sufferance. There is hardly such a thing as estates at will, but of this, hereafter. | Real property & mortgages, Volume 5 Estates less than freehold |
1813-05-27 | Gould, James | I observe that the tenant has, if not restricted by agreement, the same estovers as a tenant for life. | Real property & mortgages, Volume 5 Incidents of an estate for years. |
1813-05-28 | Gould, James | I would premise that there has always prevailed among students an idea that this title is of extreme intricacy, but I think it is unfounded. | Real property & mortgages, Volume 5 Estates in possession remainder & reversion |
1813-07-15 | Reeve, Tapping | This subject depends upon the adjudication of courts on the construction of wills. | Devises, Volume 5 Devises definition |
1813-07-16 | Reeve, Tapping | If a will is made inconsistent with a former one, the former is revoked, but a codicil is not a revocation. It may be added to it, or explanatory of it. | Devises, Volume 5 Inconsistent wills |
1813-07-17 | Reeve, Tapping | As to the number of witnesses, three or more are required by the statute. This has been subject of contention. | Devises, Volume 5 Number of witnesses |
1813-07-20 | Reeve, Tapping | There is a question on which I am unable to find any decision, but only the propositions of elementary writers. It is this: that a will may be good as to personal & not as to real property. | Devises, Volume 5 Revocation of wills |
1813-07-21 | Reeve, Tapping | Another species of implied revocation arises from an intention to revoke, e.g., if the instrument to revoke is deficient in requisites so that it cannot operate as a will | Devises, Volume 5 Implied revocation |
1813-07-22 | Reeve, Tapping | This clause of the statute has made no material difference in the law, for it would be so at common law, because the tearing &c would manifest an intention to destroy it. | Devises, Volume 5 Tearing cancelling blotting obliterating |
1813-07-23 | Reeve, Tapping | So when the testator gave to "A B" & there were two persons of that same, parol was admitted to show which of them he meant. | Devises, Volume 5 Two persons of the same name |
1813-07-24 | Reeve, Tapping | Parol testimony is such as is constantly introduced to rebut an equity. A great deal of the business of Chancery is to enforce contracts or duties implicit in equity. | Devises, Volume 5 Parol testimony |
1813-07-27 | Reeve, Tapping | There are a number of the States which have adopted the English statute of uses. Others have not. Those who have adopted it, have adopted also the English construction. | Devises, Volume 5 English statute of uses |
1813-07-28 | Reeve, Tapping | There has been a question, much contested, whether a married woman can devise. The English statute 34 Henry 8 declares she shall not devise real property. | Devises, Volume 5 Can a married woman devise |
1813-07-29 | Reeve, Tapping | Almost any person may be a devisee. There may be statutory disqualifications: these you will find in the statutes of your several states. Want of discretion is never an objection. | Devises, Volume 5 Who may be devisees |
1813-07-30 | Reeve, Tapping | An estate in remainder is subject to technical rules & the intention of the grantor must yield to the superior forces of these. | Devises, Volume 5 Remainders |
[1812-01-01 to 1812-12-31] | Gould, James | As a plea in abatement does not regularly go to the merits of the cause, a judgment upon it does not regularly go in bar of a subsequent action for the same cause. | Pleas & pleadings, Volume 3 Judgment on a plea in abatement |