Johnson, William Samuel

Lecture Date	Lecturer	Opening Line	All terms
1816		And under this title I shall introduce several other subjects which it is difficult to class under any other.	Sheriff & Gaoler, Volume 1 Sheriffs & their under Officers
1816-01-01 to 1816-12-31	Gould, James	The second branch of the Lex non scripta is Particular customs.	Municipal law, Volume 1 Particular customs
1816-01-01 to 1816-12-31		I have observed supra that for those acts of the servant not done by the Master's command, express or implied, the Master was not liable.	Master & Servant, Volume 1 Servants liability
1816-01-01 to 1816-12-31		It is given as a general rule that the Master has a right to chastise his servant for a breach or neglect of duty, as for disobedience, neglect, insolence, &c.	Master & Servant, Volume 1 Master's authority
1816-01-01 to 1816-12-31		In the first place an action lies in favor of the master against any one who entices away his servant; the action is laid with apud quod servitum amisit.	Master & Servant, Volume 1 Remedies of the Master
1816-01-01 to 1816-12-31		Or what acts can the master & servant justify as being in defense of each other?	Master & Servant, Volume 1 Defence of each other
1816-01-01 to 1816-12-31	Gould, James	Particular laws comprise the third branch of the Municipal Law. These are adopted by custom & used only in particular jurisdictions & courts.	Municipal law, Volume 1 Particular laws
1816-01-01 to 1816-12-31		The rule as to this species of property is that it rests in the Husband absolutely by the marriage.	Baron & feme, Volume 1 Wife's personal chattels in possession
1816-01-01 to 1816-12-31		Marriage by the Common Law as well as our own is considered as a contract freely exercised & regulated by the Municipal Law of every country.	Baron & feme, Volume 1 Baron and feme
1816-01-01 to 1816-12-31		As to the Wife's choses in action the rule is, that the Husband may dispose of them at pleasure during their joint lives.	Baron & feme, Volume 1 Wife's Choses in Action
1816-01-01 to 1816-12-31		Chattels real are such personal property as	Baron & feme, Volume 1 Wife's Chattels Real
1816-01-01 to 1816-12-31		By the English Statute of distribution (22 Charles 2nd) it is enacted that if the Husband dies leaving issue, the Wife shall have absolutely as hers 1/3 of his personal property.	Baron & feme, Volume 1 Wife's claims to Husband's property
1816-01-01 to 1816-12-31		The Wife is entitled to certain articles of personal property called paraphernalia. By this is meant something over & above her dower, & consists of her clothes, bedding & ornaments.	Baron & feme, Volume 1 Paraphernalia
1816-01-01 to 1816-12-31		Here I would first remark that the Husband & Wife are jointly liable, 1st for all her debts, 2nd for her torts, & 3rd in some cases for her crimes.	Baron & feme, Volume 1 Husband's liability on account of the Wife
1816-01-01 to 1816-12-31		The general rule here is that the Husband is liable jointly with the wife for her torts committed while sole, and also for those committed during coverture without his direction or consent.	Baron & feme, Volume 1 Wife's torts
1816-01-01 to 1816-12-31		As to these, the Husband in some cases is liable alone for them, in others, jointly with the wife, as for a base theft committed by the wife in his presence or by his coercion, he alone is liable.	Baron & feme, Volume 1 Wife's crimes
1816-01-01 to 1816-12-31		The power of the Wife to bind her Husband by her contracts made during coverture is said to be founded on his assent express or implied.	Baron & feme, Volume 1 Wife's power to bind the Husband
1816-01-01 to 1816-12-31		The general Rule of the Common Law is that the Wife can make herself liable upon no contract of her own.	Baron & feme, Volume 1 How far Wife may bind herself to property
1816-01-01 to 1816-12-31		A feme covert cannot devise her real estate under the Statutes of Wills (32 & 34 Henry 8th).	Baron & feme, Volume 1 Wife's power to devise
1816-01-01 to 1816-12-31		It is a general rule of the C.L. that all contracts made between Husband & Wife during coverture are void.	Baron & feme, Volume 1 Agreement between Husband & Wife
1816-01-01 to 1816-12-31		If the wife is injured in her person by the wrongful act of another & the Husband has received consequential damage, he may sustain an action in his own name for that damage, as in the case of battery, false imprisonment, slander.	Baron & feme, Volume 1 Husband's right & power over Wife
1816-01-01 to 1816-12-31		On this subject, the general rule is that they cannot testify either for or against each other, their union of interests & the policy of Law seems to be the foundation of the rule.	Baron & feme, Volume 1 Inability of Husband & Wife to testify for each other
1816-01-01 to 1816-12-31	Gould, James	The construction of the Statute is the means of discovering the Will of the Legislature & of course the law for its will is the Law.	Municipal law, Volume 1 Construction of statutes
1816-01-01 to 1816-12-31	Gould, James	The second branch of Municipal Law is the Written Law (W. L.)	Municipal law, Volume 1 Written law
1816-01-01 to 1816-12-31		In some cases in which the action relates to her right, Husband must join the Wife, in others he cannot.	Baron & feme, Volume 1 In what cases the husband & wife must join
1816-01-01 to 1816-12-31		The first general Rule is that if the cause of action would survive against the Wife, she must be joined with her Husband as Defendant.	Baron & feme, Volume 1 When Husband & Wife must be joined as Defend'ts
1816-01-01 to 1816-12-31		First as to the celebrations of marriage & those which are valid, voidable or void.	Baron & feme, Volume 1 Of Marriages
1816-01-01 to 1816-12-31		The mode of annulling marriages is by divorce.	Baron & feme, Volume 1 Annulling of marriages
1816-01-01 to 1816-12-31		This Title relates principally to the rights & priviledges & disabilities of Infants.	Parent & child, Volume 1 Parent & child guardian & ward
1816-01-01 to 1816-12-31		This Title relates principally to the rights & privileges & disabilities of Infants.	Parent & child, Volume 1 Parent & child guardian & ward
1816-01-01 to 1816-12-31		As to Crimes, civil torts & contracts involving their capacities for certain other transactions of a miscellaneous nature.	Parent & child, Volume 1 Priviledges & disabilites of Infants
1816-01-01 to 1816-12-31		It follows, you will perceive, from the rules given, that as the contracts made by infants, except for necessaries, are invalid--they are either void or voidable.	Parent & child, Volume 1 What contracts of Infants are void
1816-01-01 to 1816-12-31		In relation to Infants contracts I have thus far received them as in Courts of Law, & in general they are regarded in Equity as in Law, but there are cases which may be called exempt cases in equity in which an Infant is bound by his contract, tho' he clearly could not be so at Law.	Parent & child, Volume 1 Exempt cases in Equity
1816-01-01 to 1816-12-31		It is a settled rule that an Infant cannot execute a general power over a real estate, & is founded upon his supposed want of discretion.	Parent & child, Volume 1 What powers an Infant may execute
1816-01-01 to 1816-12-31		This subject is intimately connected with the previous for these offices are authorities or powers.	Parent & child, Volume 1 What offices an Infant may execute
1816-01-01 to 1816-12-31		Conditions known in Law are of two kinds, express or implied.	Parent & child, Volume 1 How far the Infant is affected by non-performance
1816-01-01 to 1816-12-31		That is, how an Infant is to appear & by whom appear in suits for & against him.	Parent & child, Volume 1 How infants are to sue
1816-01-01 to 1816-12-31		These infants as to many purposes are considered in esse tho' not as to all.	Parent & child, Volume 1 Of Infants in ventre de mere
1816-01-01 to 1816-12-31		Under this head, our enquiry renders it necessary to consider the distinction between Legitimate & Illegitimate children for their rights are in some respects different.	Parent & child, Volume 1 Of the relative rights & duties of parents & children
1816-01-01 to 1816-12-31		The rights of an illegitimate in general are such only as he can acquire, for he can inherit nothing and hence he is called filius nullius.	Parent & child, Volume 1 Rights & incapabilities of Illegitimate children
1816-01-01 to 1816-12-31		These consist chiefly in their obligation to maintain such children, the mode of enforcing this obligation is presecribed by Statute so that the rules are probably different in the different States.	Parent & child, Volume 1 Duties of parents to their illegitimate children
1816-01-01 to 1816-12-31		The duties of Parents to their legitimate children consist principally in these particulars, viz., Maintenance, Protection & Education.	Parent & child, Volume 1 Rights & duties of parents to their legitimate children
1816-01-01 to 1816-12-31		It is a rule that a parent has a right to correct his minor children for a reasonable cause & in a reasonable manner.	Parent & child, Volume 1 Rights & powers of parent of the child
1816-01-01 to 1816-12-31		A Guardian is sometimes defined to be a temporary parent or in other words a person standing for certain purposes in loco parentis during the child's minority.	Guardian & Ward, Volume 1 The different types of Guardians
1816-01-01 to 1816-12-31		The emancipation of a child may be effected in either of four ways.	Guardian & Ward, Volume 1 Emancipation of a child
1816-01-01 to 1816-12-31		And under this title I shall introduce several other subjects which it is difficult to class under any other.	Sheriff & Gaoler, Volume 1 Sheriffs & their under Officers
1816-01-01 to 1816-12-31		By Statute of 29 Charles 2nd & a similar one of our own, no civil process can be served on Sunday.	Sheriff & Gaoler, Volume 1 Arrests
1816-01-01 to 1816-12-31		This subject has generally been treated under the title of Action on the Case; but I prefer treating it here because that title has already become too unwieldy from the quantity of matter which is now attached to it.	Sheriff & Gaoler, Volume 1 The law of escapes
1816-01-01 to 1816-12-31		This subject has generally been treated under the title of Action on the Case; but I prefer treating it here because that title has already become too unwieldy from the quantity of matter which is now attached to it.	Sheriff & Gaoler, Volume 1 The law of escapes
1816-01-01 to 1816-12-31		If a sheriff or gaoler admits to bail a person who is not bailable, the escape is voluntary.	Sheriff & Gaoler, Volume 1 Voluntary escapes
1816-01-01 to 1816-12-31		If a sheriff or gaoler admits to bail a person who is not bailable, the escape is voluntary.	Sheriff & Gaoler, Volume 1 Voluntary escapes
1816-01-01 to 1816-12-31	Gould, James	Merely pleading a Statute consists in stating the facts which bring the case within it.	Municipal law, Volume 1 Of pleading statutes & the order of prosecuting under them
1816-01-01 to 1816-12-31		If a sheriff makes a false return on a process, he is liable in an action of his on the case by the party injured by the false return.	Sheriff & Gaoler, Volume 1 False returns
1816-01-01 to 1816-12-31		If a sheriff makes a false return on a process, he is liable in an action of his on the case by the party injured by the false return.	Sheriff & Gaoler, Volume 1 False returns & miscellaneous rules
1816-01-01 to 1816-12-31		I here premise that at Common Law all persons committed to prison are bound to support themselves except they be attainted felons.	Sheriff & Gaoler, Volume 1 Of the regulations in Connecticut as to gaols
1816-01-01 to 1816-12-31		I here premise that at C.L. all persons committed to prison are bound to support themselves except they be attainted felons.	Sheriff & Gaoler, Volume 1 Regulations in Conn. as to gaols
1816-01-01 to 1816-12-31	Gould, James	It is a general Rule & indeed a first principle of Jurisprudence that when a wrong is done the remedy appertains to the person or party injured.	Municipal law, Volume 1 Who may prosecute on penal statutes
1816-01-01 to 1816-12-31	Gould, James	There is a great deal of confusion in the books as it regards these qui tam proceedings & it has arisen from not making the distinction between qui tam actions & qui tam informations.	Municipal law, Volume 1 Qui tam actions
1816-01-01 to 1816-12-31	Gould, James	It is a general Rule that when an individual is injured by an offence against a Statute, he may have an action in that Statute against the offender.	Municipal law, Volume 1 Individual can sue upon a penal statute
1816-01-01 to 1816-12-31		A Servant is any one who is subjct to the personal authority of another; a Master is one who exercises that authority.	Master & Servant, Volume 1 Domestic relations
1816-01-01 to 1816-12-31		As to the class of Slaves, it was wholly unknown at Common Law.	Master & Servant, Volume 1 Slavery
1816-01-01 to 1816-12-31		Servants of the second class are called apprentices as they are so called from the French word "apprendre" to learn, for they are usually bound to learn some mystery or mechanic art of their masters.	Master & Servant, Volume 1 Apprentices
1816-01-01 to 1816-12-31	Gould, James	Municipal law is divided into two branches: Lex scripta & Lex non scripta.	Municipal law, Volume 1 Lex scripta & lex non scripta
1816-01-01 to 1816-12-31		Manorial servants are the servants of the 3rd class & are so called from their being employed infra manoria.	Master & Servant, Volume 1 Manorial servants
1816-01-01 to 1816-12-31		Day laborers are of the 4th class. I do not know that there is any one rule of law applicable to this species of servants except such as are made by Statute.	Master & Servant, Volume 1 Day labourers
1816-01-01 to 1816-12-31		The last class is that general class consisting of all those who are called Agents, such as Factor, Brokers.	Master & Servant, Volume 1 Agents factors brokers
1816-01-01 to 1816-12-31		And here our first enquiry is in what cases is the master bound by the act of his servant & in what cases he may avail himself of the act of his servant.	Master & Servant, Volume 1 Rules relating to servants
1816-01-01 to 1816-12-31	Gould, James	Municipal law is defined to be a rule of civil conduct, prescribed by the supreme power of the State, commanding what is right & prohibiting what is wrong.	Municipal law, Volume 1 Municipal law
1816-01-01 to 1817-12-31		There are cases when	Executor & Administrators, Volume 2 Actions by & against executors
1816-01-01 to 1817-12-31		Devastavit is any negligence or misconduct by which the assets are injured.	Executor & Administrators, Volume 2 Devastavit
1816-01-01 to 1817-12-31		The first part of it is the power of repealing & the second, the consequences of it.	Executor & Administrators, Volume 2 Repealing an administration
1816-01-01 to 1817-12-31		In many parts of the country, there is a variation from the English Law which I have heretofore been treating of.	Executor & Administrators, Volume 2 American variations from English law
1816-01-01 to 1817-12-31		This is where there is no will; if there was a will, he should act as Executor and have done.	Executor & Administrators, Volume 2 Duty of admin. after debts are paid
1816-01-01 to 1817-12-31		In New Hampshire, the descendants line is precisely the same as with the Statute of Charles.	Executor & Administrators, Volume 2 Application to the U.S.
1816-01-01 to 1817-12-31		If a child has an advancement	Executor & Administrators, Volume 2 Advancements
1816-01-01 to 1817-12-31		Executory devises & remainders agree in this, that they are estates to be enjoyed at some future period, the right in the one case is given by Will, in the other, by devise.	Volume 3 Executory devises & remainders, Wills & devises
1816-01-01 to 1817-12-31		The laws of Descents except two of the States in the U.S. have gone upon ground entirely different from the English. New York and New Jersey have gone upon the English system.	Volume 3 Law of descent, Wills & devises
1816-01-01 to 1817-12-31		The English law as it respects joint estate varies from the Laws of this Union. I will first give you the English law & then point out the principles in which the laws of the union vary from the English.	Real property & mortgages, Volume 3 Joint tenancy
1816-01-01 to 1817-12-31		There are several actions which relate to real property. They are trespass on the case, trespass vi et armis, waste, ejectment & replevin.	Real property & mortgages, Volume 3 Real actions
1816-01-01 to 1817-12-31		Originally debt was considered to be a sum of money due by an express contract or by bond note & no matter whether by parol assent or in writing.	Action for debt, Volume 2 Action of debt
1816-01-01 to 1817-12-31		The action of detinue has gone out because trover	Action of detinue, Volume 2 Action of detinue
1816-01-01 to 1817-12-31		The action of account is now very much discussed particularly in those States where they have Courts of Chancery.	Action of account, Volume 2 Action of account
1816-01-01 to 1817-12-31		This is accomplished by three distinct injuries, the first is called slander.	Private wrongs, Volume 2 Of injuries to reputations
1816-01-01 to 1817-12-31		Injuries may be to a man's person or reputation, or his property and there are some mixed injures as being both to a man's reputation or person and property.	Private wrongs, Volume 2 Private wrongs
1816-01-01 to 1817-12-31		I shall here point out what waste is; I shall first point out under what circumstances an action of waste may be brought.	Real property & mortgages, Volume 3 Action of waste
1816-01-01 to 1817-12-31		There are many contradictions on the subject in our books.	Executor & Administrators, Volume 2 Who may be an Executor
1816-01-01 to 1817-12-31		Preliminary remarks; When a man has made a will, appointed an Executor & died, this executor has charge of the estate, and no other than him has a legal title.	Executor & Administrators, Volume 2 Executors & administrators
1816-01-01 to 1817-12-31		Perjury is swearing falsely in a Court of justice & now a charge of perjury with a description of the offence.	Private wrongs, Volume 2 Perjury
1816-01-01 to 1817-12-31		As to forgery, no remarks are here to be made except if the charge	Private wrongs, Volume 2 Forgery
1816-01-01 to 1817-12-31		This is a crime as well as a civil injury, & so the defendant may be both prosecuted by the public & also be assessed in damages to the individual.	Private wrongs, Volume 2 Libel
1816-01-01 to 1817-12-31		This is the suing a man without proper cause & prompted by malice.	Private wrongs, Volume 2 Malicious prosecution
1816-01-01 to 1817-12-31		These are all actions of trespass per vi et armis.	Private wrongs, Volume 2 Of assaults
1816-01-01 to 1817-12-31		Battery is an actual exertion of force & violence upon the person injured.	Private wrongs, Volume 2 Of batteries
1816-01-01 to 1817-12-31		False imprisonment includes both an asault & battery.	Private wrongs, Volume 2 False imprisonment
1816-01-01 to 1817-12-31		An audita querula is a remedy given to a person when he has not opportunity to go into court, as when under an immediate execution.	Audita querula, Volume 3 Writ of audita querula
1816-01-01 to 1817-12-31		A Mortgage is substantially a real estate pledge to a Creditor as a security for a debt.	Real property & mortgages, Volume 3 Real property
1816-01-01 to 1817-12-31		There are remedies against three actions: trespass vi et armis, trover & replevin.	Private wrongs, Volume 2 Injuries to property personal
1816-01-01 to 1817-12-31		This action proceeds upon the ground that the property was found, but it is now brot in almost all cases in which the personal property of another was taken.	Private wrongs, Volume 2 Action of trover
1816-01-01 to 1817-12-31		An Administrator is a person appointed by Law to manage the personal property of a deceased person. This is done when there is no will.	Executor & Administrators, Volume 2 Who may be an Administrator
1816-01-01 to 1817-12-31		A replevin may be an adversary suit or it may be nothing more than a suit to get back your property which has been attached.	Private wrongs, Volume 2 Replevin
1816-01-01 to 1817-12-31		This action lies in three classes of cases. 1st for wrongs not accompanied with force; 2nd for consequential injuries occasioned by acts	Private wrongs, Volume 2 Trespass on the case
1816-01-01 to 1817-12-31		Trespass on the case is action which is brot against innkeepers for property lost at an inn.	Private wrongs, Volume 2 Inns & innkeepers
1816-01-01 to 1817-12-31		Writs prerogative which do not fall under the foregoing title & are used when other actions will not entirely redress the grievance.	Mandamus, Volume 2 Writs prerogative
1816-01-01 to 1817-12-31		This is a writ which also issues form the Supreme Court and in England from any of Superior Courts of the Westminster Hall.	Prerogative writs, Volume 2 Writ of prohibition
1816-01-01 to 1817-12-31		An audita querula is a writ which is required in case of an execution lying out against a defendant and defendant in process has not day in Court.	Audita querula, Volume 2 Audita querula
1816-01-01 to 1817-12-31		This is where a person [words] or claim of some	Quo warranto, Volume 2 Quo warranto
1816-01-01 to 1817-12-31		This is a writ given in a variety of cases as to which we have no concern in this country	Habeas corpus, Volume 2 Habeas corpus
1816-01-01 to 1817-12-31		Our object here is to point out all the principles that govern the Courts of Chy in their decisions & the distinction between these courts and those of law.	Chancery, Volume 2 Powers of chancery
1816-01-01 to 1817-12-31		This is a difficult subject, and on it the authorities are irreconcilible, but I believe I can make it as clear as	Chancery, Volume 2 Statute of frauds
1816-01-01 to 1817-12-31		I observed above that Courts will appeal to the consciences of the litigant parties and also that they never give vindictive damages.	Chancery, Volume 2 Of rescinding contracts
1816-01-01 to 1817-12-31		A trustee is compellable in chancery to execute his trust, specifically whether the trust be of real or personal property.	Chancery, Volume 2 Trusts
1816-01-01 to 1817-12-31		On refusal of Executor, an Administrator must be appointed.	Executor & Administrators, Volume 2 Refusal of executor
1816-01-01 to 1817-12-31		Covenants in deeds which are made are of different kinds, to wit, a covenant of seisin & covenant of warranty.	Title by deed, Volume 3 Deeds
1816-01-01 to 1817-12-31		Administration must be granted in writing under the seal of the court.	Executor & Administrators, Volume 2 Different kinds of administration
1816-01-01 to 1817-12-31		The Executor derives all his authority from the testament and it vests immediately on testator's death and it as much descends to him as real estate to the heir.	Executor & Administrators, Volume 2 What acts can an Executor do before Probate
1816-01-01 to 1817-12-31		These are deemed in law to be one person.	Executor & Administrators, Volume 2 Co-executors
1816-01-01 to 1817-12-31		This Executor is a person who meddles with the goods of the deceased.	Executor & Administrators, Volume 2 Executors de son tort
1816-01-01 to 1817-12-31		By the old English law, if a Debtor was made executor his debt was discharged, the reason assigned was that he could not sue himself.	Executor & Administrators, Volume 2 Of making debtors Executors
1816-01-01 to 1817-12-31		A debtor may make his creditor Executor & in such case the Executor may retain so much of the Testator assets as will satisfy himself.	Executor & Administrators, Volume 2 Of making creditors Executors
1816-01-01 to 1817-12-31		The first duty of an Executor or Administrator is to make out an Inventory of all the Estate of the Deceased, which can be assets in his hand, and to procure an appraisal of it by judicious persons under oath.	Executor & Administrators, Volume 2 The duty of Executors & Administrators
1816-01-01 to 1817-12-31		Real estate is acquired by Devise which is a disposition of property made by the owner to take place after his death, & previous to his death the devise is of no consequence, it is no conveyance.	Real property & mortgages, Volume 3 Alienation by devise
1816-01-01 to 1817-12-31		The Executor & Administrator is bound to obaserve a certain order in the payment of debts. The order is as follows.	Executor & Administrators, Volume 2 The payment of debts
1816-01-01 to 1817-12-31		After payment of the Debts, the next duty of the Executor or Administrator is to pay the legacies.	Executor & Administrators, Volume 2 Legacies
1816-01-01 to 1817-12-31		A vested legacy is one the right to which rests in the Legatee or his representatives immediately on Testator's death.	Executor & Administrators, Volume 2 Vested & lapsed legacies
1816-01-01 to 1817-12-31		If the condition is unreasonable, the Legacy is good but the condition is lapsed immediately.	Executor & Administrators, Volume 2 Legacies on condition
1816-01-01 to 1817-12-31		Where the same legacy is given twice in the same will, it is but a repetition.	Executor & Administrators, Volume 2 Repeated legacies
1816-01-01 to 1817-12-31		This is when something is done which takes away the right of the Legatee to the legacy, the accidental destruction or alienation of a Legacy is not necessarily an ademption of the Legacy, tho' it may be so.	Executor & Administrators, Volume 2 Ademption of legacies
1816-01-01 to 1817-12-31		An executor is never obliged to pay any legacy unless the legatee will give security to refund if any debts afterwards appear.	Executor & Administrators, Volume 2 Of abating and refunding legacies
1816-01-01 to 1817-12-31		When the legatee is an adult, it is to be paid of course to him.	Executor & Administrators, Volume 2 Payment of legacies
1816-01-01 to 1817-12-31		Whenever there is one appointed, he takes the surplus when the Debts & the Legacies are paid, & he takes the lapsed legacy if there is one.	Executor & Administrators, Volume 2 Residuary legatees
1816-01-01 to 1817-12-31		Modes of acquiring Estates are of two kinds, 1st by purchase, 2nd by descent; purchase is acquiring it by any way except descent, as by devise, gift, execution forfeiture, escheat &c.	Real property & mortgages, Volume 3 Modes of acquiring estates
1816-01-01 to 1817-12-31		In common language the words covenant, contract & agreement are used as synonymous.	Contracts, Volume 4 Covenant broken
1817-01-01 to 1817-12-31		Of the general Nature of Pleadings: Pleadings are the mutual altercations between the Plaintiff & Defendant in a suit, put into legal form & set down in writing. They were formerly presented viva voce, when in French, were called parol.	Pleas & pleadings, Volume 6 Pleas & pleadings
1817-01-01 to 1817-12-31		It is a little remarkable that there is not a proper definition of Demurrer to be found in any of the books which I have read, tho' there are several descriptions of it.	Pleas & pleadings, Volume 6 Demurrer
1817-01-01 to 1817-12-31		To arrest judgement is to estopp or stay it & it is done on motion reduced to writing & entered upon the Record.	Pleas & pleadings, Volume 6 Arrest of judgement
1817-01-01 to 1817-12-31		Pleas in abatement in terms of the law, mean to destroy, prostrate or demolish the writ.	Pleas & pleadings, Volume 6 Pleas in abatement
1817-01-01 to 1817-12-31		Or as they are often called, special pleas to the action.	Pleas & pleadings, Volume 6 Special pleas in bar
1817-01-01 to 1817-12-31		Traverse is a denial of some particular facts alleged by the other side and regularly tenders an issue.	Pleas & pleadings, Volume 6 Traverse
1817-01-01 to 1817-12-31		Duplicity or doubleness in pleading or double pleading as it is called, is a fault because it tends to unnecessary prolix, confusion & vexation.	Pleas & pleadings, Volume 6 Duplicity
1817-01-01 to 1817-12-31		It is a general Rule at C.L. that when a party declares [word] pleads a deed & makes title under it, he must make profert of it.	Pleas & pleadings, Volume 6 Profert & oyer
1817-01-01 to 1817-12-31		A contract is defined to be an agreement between two or more parties upon sufficient consideration; according to this definition it is of the essence of what the Common Law deems a contract that it should be founded upon what the Common Law deems a consideration.	Contracts, Volume 4 Of consideration in contracts
1817-01-01 to 1817-12-31		Each partner may bind the firm as A & B enter into company under the firm of A & Co.	Partnership, Volume 5 Partnership
1817-01-01 to 1817-12-31		A Bill of Exceptions is a statment of certain facts & of some interlocutory Judg't founded on them which one of the party thinks erroneous annexed to the Record for the purpose of laying a foundation for a Writ of Error.	Bills of exception, Volume 6 Bills of exception & writs of error
1817-01-01 to 1817-12-31		A Factor is a person employed by a Merchant in a foreign country; he acts under a commission either gen'l or special.	Factors/agency, Volume 5 Factorage
1817-01-01 to 1817-12-31		The object proposed in the construction of contracts is merely to ascertain the intention of the parties & a contract however expressed cannot rightly be carried beyond this intention.	Contracts, Volume 4 Of interpretation or construction of contracts
1817-01-01 to 1817-12-31		It has been made a question in one case in Chancery whether the owner was liable for the	SeamenÃ_s wages & sailorÃ_s contracts, Volume 5 Seamen's wages
1817-01-01 to 1817-12-31		The contract called a Charter Party is, when a merchant or merchants agree with the master or owner of a vessel to hire his vessel to carry goods to a certain place & he is said to charter the vessel.	Charter parties, Volume 5 Law of the charter party
1817-01-01 to 1817-12-31		The owners of the ship are about sending her abroad & they differ as to the place to send her to.	Joint ownership, Volume 5 Joint ownership
1817-01-01 to 1817-12-31		A Bill of Exchange is defined to be a request, i.e., another letter of one man to another to pay a sum of money to a third person on his order.	Bills of exchange & promissory notes, Volume 5 Bills of exchange
1817-01-01 to 1817-12-31		Cases exemplifying the effect of an affirmance or reversal of Judgment on writs of error.	Volume 6 Writs of error, Writs of error
1817-01-01 to 1817-12-31		A New Trial requires no definition, it is simply a second trial.	New trials, Volume 6 New trials
1817-01-01 to 1817-12-31		There has been a diversity of opinions upon this interesting subject. In this country the disputed question has been settled by the national Court & I think correctly.	Statute of limitations, Volume 5 Statute of limitations
1817-01-01 to 1817-12-31		By the English Constitution (as you may call it) it never was disputed but that a man's land was liable to be taken by the public to make highways.
1817-01-01 to 1817-12-31		To what actions the Bailor and Beilee may be respectively entitled; It is a general rule (& in the books laid down as universal) that the bailor as he has a general property in the goods may recover as trespass or trover or in any proper action against any stranger who takes away his goods.	Bailments, Volume 4 Of the rights of purchasers
1817-01-01 to 1817-12-31		1st if must be possible, i.e. of performance 2nd it must be lawful. 3rd It must be certain all that is meant by the last is that it must be perfectly understood.	Contracts, Volume 4 Requisites of a contract
1817-01-01 to 1817-12-31		This title is already connected with the preceding, viz, the title of bailments in the course of which most of the principles relating to inns & innkeepers are noticed.	Inns & Innkeepers, Volume 4 Inns and Innkeepers
1817-01-01 to 1817-12-31		On this subject, the general rule is that covenants are to be expounded liberally, i.e. the meaning & intention of the parties is to be sought without that strict adherence to particular & artificial rules.	Contracts, Volume 4 Construction of covenants
1817-01-01 to 1817-12-31		This title is so very extensive it is impossible for us to treat it as we have other titles, without incurring a great rash of time.	Public wrongs, Volume 5 Criminal law
1817-01-01 to 1817-12-31		In all deeds of conveyance except quitclaims, more usually called releases, there are usually two covenants, either expressed or implied, viz. 1st covenant of seisin or of good title in covenant & 2nd Covenant of warranty.	Covenant of seisin & warranty, Volume 4 Covenant of seisin
1817-01-01 to 1817-12-31		Arson at Common Law is defined to be the wilful malicious burning of the house of another.	Public wrongs, Volume 5 Arson
1817-01-01 to 1817-12-31		Burglary is the breaking & entering a mansion house in the night season with the intention to commit a felony.	Public wrongs, Volume 5 Burglary
1817-01-01 to 1817-12-31		Perjury is a false swearing wilfully on a point material in the case by a person under oath relative to some proceeding in the Court of Justice.	Public wrongs, Volume 5 Perjury
1817-01-01 to 1817-12-31		These differ only in form. A covenant to save harmless is, as I should define it, one by which the cov't stiputlates to indemnify covenantee against some loss, damage, or charge to which the latter may be exposed.	Contracts, Volume 4 Of covenants & bonds to save harmless
1817-01-01 to 1817-12-31		Courts have greatly altered the Common Law as to what is Forgery.	Public wrongs, Volume 5 Forgery
1817-01-01 to 1817-12-31		I shall not here give all the rules applicable to this action, but only those exclusively applicable here, for otherwise it would be necessary to go thro' almost the whole system of pleading under each title.	Contracts, Volume 4 Pleadings in covenant broken
1817-01-01 to 1817-12-31		Robbing is a felonious, violent taking away from [word] his goods or money	Public wrongs, Volume 5 Robbery
1817-01-01 to 1817-12-31		Simple larceny is the felonious taking & carrying away the personal goods of another not from his person by violence, from his house in the night season.	Public wrongs, Volume 5 Simple larceny
1817-01-01 to 1817-12-31		A Riot is a disturbance of the peace by 3 or more persons.	Public wrongs, Volume 5 Riots
1817-01-01 to 1817-12-31		If a man should agree with a man to take [word] & should gain	Public wrongs, Volume 5 Usury
1817-01-01 to 1817-12-31		I shall make some observation on this.	Public wrongs, Volume 5 Libel as a crime
1817-01-01 to 1817-12-31		This was once understood subjected every man who purchased debts of any kind as notes, bonds &c or any other evidences of debts issued for them.	Public wrongs, Volume 5 Champerty
1817-01-01 to 1817-12-31		This is sometimes a mere private injury at other times it is a public offence & it is my object to show when it is a public offence when one man sells to another property which he knew had defects.	Public wrongs, Volume 5 Cheating
1817-01-01 to 1817-12-31		The detaining a mans house or lands is an indictable offence.	Public wrongs, Volume 5 Forcible entry
1817-01-01 to 1817-12-31		This is where a man has two wives at once & it is an offence at Common Law & is punishable by fine & imprisonment or pillory as the case may be.	Public wrongs, Volume 5 Bigamy
1817-01-01 to 1817-12-31		Compromising a felony is an indictable offence, this is when one agrees not to indict, if the criminal will do some act.	Public wrongs, Volume 5 Compromising a felony
1817-01-01 to 1817-12-31		Where there are Courts of Chancery, this action is in general out of use. In Connecticut, however, it is still in use.	Action of account, Volume 4 Action of account
1817-01-01 to 1817-12-31		Much of the Eng. Law we have nothing to do with, in this country. Words never constitute treason.	Public wrongs, Volume 5 Treason
1817-01-01 to 1817-12-31		This is an interesting & important subject & there are no Statutes in the U.S. [word] the C.L.	Public wrongs, Volume 5 Homicide
1817-01-01 to 1817-12-31		The legal acceptation of the word "debt' is a sum of money by certain contract, e.g. by a bond for a determinate sum.	Action for debt, Volume 4 Action of debt
1817-01-01 to 1817-12-31		This action lies for the recovery of a specific personal chattel & is in the nature of a bill in Chancery.	Action of detinue, Volume 4 Action of detinue
1817-01-01 to 1817-12-31		I now give you the law as to binding over people over to keep the peace & also for good behavior which latter is a very diff't thing from the former.	Public wrongs, Volume 5 Binding over
1817-01-01 to 1817-12-31		There is a proceeding in which the offender is committed & he is not allowed to give Bond.	Public wrongs, Volume 5 Attachments
1817-01-01 to 1817-12-31		The doctrine of Bail as it relates to Criminal causes.	Public wrongs, Volume 5 Bail
1817-01-01 to 1817-12-31		It is a principle of Common Law that for every man who was complained of for any felony, there must be an indictment before a grand jury before it went to the petit jury.	Public wrongs, Volume 5 Indictments & informations
1817-01-01 to 1817-12-31		Conditional contracts; all contracts are either absolute or conditional. The term absolute is here used in contradistinction to conditional.	Contracts, Volume 4 Nature & kinds of contracts
1817-01-01 to 1817-12-31		Original promises: you will recollect 1st that when the person for whom the promise is made is not answerable to the person to whom it is made, this promise is original.	Statute of frauds, Volume 4 Statute of frauds
1817-04-10	Gould, James	A contract as the term is understood at Common Law is an agreement between two or more parties upon sufficient consideration to do or not to do a particular thing.	Contracts, Volume 4 Contracts
1817-05-01	Gould, James	Bailment is defined to be a delivery of goods on a consideration express or implied to bestow them to bailor or according to his directions, when the express purpose for which they are bailed shall be answered.	Bailments, Volume 4 Bailments
1817-05-19	Reeve, Tapping	An assumpsit is a promise to do some act or to abstain from doing it.	Assumpsit, Volume 2 Assumpsit
1817-08-26	Reeve, Tapping	Adjustment of losses; when the loss is total & the policy is valued, the loss is adjusted at once, the value in the policy is the measure of recovery.	Insurance, Volume 5 Abandonment
1817-08-26	Reeve, Tapping	Insurances are made on Lives, in consideration of the premium paid, to pay a gross sum or an annuity to the Insured in case of the death of the life [word] within the time limited.	Insurance, Volume 5 Insurance on lives
1817-08-26	Reeve, Tapping	General observations on the Law Merchant. The Lex Mercatoria is a law common to all commercial matters, regulating all commercial concerns.	Insurance, Volume 5 Insurance
1817-08-26	Reeve, Tapping	A ship is insured to Jamaica, she arrives at one port & discharges part of her cargo & then sails for another port & is lost in the passage. Are the insurers liable?	Insurance, Volume 5 Perils
1817-08-26	Reeve, Tapping	Implied warranties are such as are imposed by Law & are the following; 1st that the vessel is Sea-worthy.	Insurance, Volume 5 Representations
1817-10-07	Gould, James	The admissibility of evidence is always a matter of law and of course must always be settled by Court.	Evidence, Volume 6 Evidence
1817-10-07	Gould, James	It is inadmissible for two reasons. 1st the witness does not testify to the fact in question but to the declaration of another person.	Evidence, Volume 6 Hearsay evidence
1817-10-07	Gould, James	All evidence may be considered as direct and presumptive, i.e., all lawful evidence which is relevant goes to prove the point in issue directly or presumptively.	Evidence, Volume 6 Kinds of evidence
1817-10-07	Gould, James	I observe above that written evidence was divided into records--Public writings or documents not of record & Private writings.	Evidence, Volume 6 Public writings not records
1817-10-07	Gould, James	Under this head the first enquiry is Who are competent witnesses & who not?	Evidence, Volume 6 Parol evidence

Search form

You are here