Fullerton, Thomas Stearns

Biographical Information from the Litchfield Historical Society

http://www.litchfieldhistoricalsociety.org/ledger/students/1001

Digitized Notebooks

v. 1
v. 2
v. 3
v. 4
v. 5
v. 6
v. 7

Birth Date

1802-03-07

Death Date

1868-05-10

Notes

7 volumes; marble covered boards, half sheep binding. Legible practiced hand, professional appearance; pages numbered in upper corner; citations in text. At end of each title is a statement that the section has ended.

Provenance

Fullerton, T.S. (1802-1868) HLS MS 4146 ca 1822, Hollis #002119917 7 volumes in bib record. marbled covered boards, half calf, 26 cm. Each volume has a book plate: T.S. Fullerton "Not to be taken from the office." Spine: red label, Gould's lectures (with volume number) Volume 1: [i-xvi] 1-450 [451-464] [v-xvi]

Fullerton, Thomas Stearns Notebooks

Lecture Date Lecturer Notebook Author Opening Line All terms
James Gould Fullerton, Thomas Stearns Volume 2 Action of tresspass will lie
Fullerton, Thomas Stearns Public wrongs, Volume 4 Criminal law
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns delete, Inns & Innkeepers
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns It is a general rule of common law that all contracts between husband & wife are void ab initio and that all contracts made between them before marriage are dissolved Baron & feme, Volume 1 Agreements between husband & wife
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The are called apprentices from the word apprendre to learn because they are bound to their masters to learn some employment useful to themselves. Master & Servant, Volume 1 Apprentices
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns It is agreed that marriage is by common law of England and by our law, a civil contract cognizable for most purposes in the temporal courts. Baron & feme, Volume 1 Celebration of marriage
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The construction of statutes is the means of discovering the intention of the legislature and their will is properly the law. Municipal law, Volume 1 Construction of statutes
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Any wasting of assets by the executor, by neglect or the violation of his duty is called devastavit. Executor & Administrators, Volume 1 Devastavit
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Executors and administrators are representatives of deceased persons for certain purposes, i.e., for the purpose of administering personal property and as to all rights Executor & Administrators, Volume 1 Executors & administrators
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns An executor in his own wrong is a person who without the authority of the deceased or the prerogative court does such acts as belong to the office of executor or administrator. Executor & Administrators, Volume 1 Executors de son tort
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Marriage is regarded by the common law and by our own as a contract, merely civil. Baron & feme, Volume 1 Husband & Wife
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns If a married woman is injured in her person and the husband sustains consequential damages, he has a right of action against the wrongdoer in his sole name Baron & feme, Volume 1 Husband's rights & powers
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A legacy is a bequest of personal property or a testamentary gift of personal property. Executor & Administrators, Volume 1 Legacies
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The rule is that the master is bound by contracts made for him by the servant when he acts withing the scope of the authority given him by his master. Master & Servant, Volume 1 Master's liability for acts of servants
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The age for choosing a guardian in England is said to be 14 in males & females. By common law, an infant may be executor at any age. Parent & child, Volume 1 Miscellaneous privileges & disabilities
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Law in its most general sense is a rule of action. Municipal law, Volume 1 Municipal law
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Pleading, commenting on and reciting a statute, tho' often confounded in the books, are yet different in their significations. Municipal law, Volume 1 Pleading statutes & mode of prosecuting
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns In relation to crimes or forbidden acts, no person under the age of 7 is punishable for any offence being considered as incapable of malice and wanting that will. Parent & child, Volume 1 Privileges & disabilities of Infants
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns An executor is liable to the extent of the assets in his hands upon all debts of the testator and upon all contracts in general. Executor & Administrators, Volume 1 Remedies against executors & administrators
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns It is the nature of all municipal law to be repealed. Municipal law, Volume 1 Repleal of statutes and other laws
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns If an administrator dies before the estate is fully settled, there must be a further representation, but the administrator's executive is not the representative Executor & Administrators, Volume 1 Responsibilites of executors & administrators
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A guardian is defined to be a temporary parent or one who is for many purposes in loco parentis during the child's minority. Guardian & Ward, Volume 1 Rights & duties of guardians
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This naturally suggests an inquiry as to legitimate and illegitimate children. Parent & child, Volume 1 Rights and duties of parents & child
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The subject matter of municipal law is divided into two heads, Rights and Wrongs. Municipal law, Volume 1 Rights in general
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The wife, on the other hand, has some certain rights. Under the English statute of distribution, if a man dies intestate leaving issue, Baron & feme, Volume 1 Rights of the wife
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns It is a general rule that he is liable to his master for all willful wrongs and negelcts Master & Servant, Volume 1 Servant's liabilities to the master
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns By a settlement is meant a right of residence in a given place, but residence and settlement have often been confounded. Guardian & Ward, Volume 1 Settlement of infants
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns It has been doubted by some whether slavery was ever legalized in this State. There is, however, no reason for the doubt. It has been settle in England that a foreign slave Master & Servant, Volume 1 Slaves
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Where one dies without a will, the duties of the administrator as to the collection of debts, Executor & Administrators, Volume 1 Statute of distributions 22 & 23 Chas. 2nd
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The law says that all persons not legally disqualified may be an administrator, but a person can't at Common Law act till the age of 21 because he can't give the bond required. Executor & Administrators, Volume 1 Who may be administrators
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The rule at common law is that all persons who can make wills may be executors and also some who can't make wills. Executor & Administrators, Volume 1 Who may be an executor
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The power to bind him during coverture is said to be founded upon his consent, express or implied. Baron & feme, Volume 1 Wife's power to bind husband by contracts
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This action lies in case of deceit in the sale of goods. Public wrongs, Volume 2 Action of tresspass will lie
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This is an action of trespass vi et armis, trespass for assault and battery. Public wrongs, Volume 2 Assault & battery
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A contract is defined to be an agreement upon sufficient consideration to do or not to do some act. A sufficient consideration is the essence of every contract. Contracts, Volume 2 Consideration to support a contract
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A contract, as known in the common law, is an agreement between two or more persons upon sufficient consideration to do or not to do a particular thing. Contracts, Volume 2 Contracts definition
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The first is founded on possession at the time of the injury done and trover on property Public wrongs, Volume 2 Distinction between trespass & trover
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns An escape, in legal acceptation of the term, is an unlawful evasion of lawful restraint or custody. Sheriff & Gaoler, Volume 2 Escapes
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The rule is that all official acts of the deputy are to all civil purposes the acts of the sheriff, for such acts he is civilly liable. Sheriff & Gaoler, Volume 2 Extent of sheriff's liabilities
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns False imprisonment is almost always accompanied with a battery because it is in consequence of a forcible illegal arrest. Public wrongs, Volume 2 False imprisonment
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Trover will lie for the accession of all or every personal chattels in general Private wrongs, Volume 2 For what trover will lie
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The construction of contracts is merely a process by which the intention of the parties is ascertained, and however a contract may be expressed, it can never extend beyond the intention Contracts, Volume 2 Interpretation of contracts
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns An officer having a legal process to arrest may use violence in case of opposition so as to effect the arrest. Public wrongs, Volume 2 Justification of assault & battery
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This is an action on the case brought to recover damages against one who has previously preferred an indictment or other criminal prosecution or who has brought a civil action Public wrongs, Volume 2 Malicious prosecution
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This head involves several coordinate divisions. All contracts are either executed or executory. Contracts, Volume 2 Nature and kinds of contracts
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Parol agreements for the sale of lands are sometimes binding, the statute notwithstanding. Contracts, Volume 2 Parol agreement for sale of land
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns I shall treat of a sheriff as a ministerial civil officer and as conservator of the peace of the county in which latter character he is strictly an executive officer. Sheriff & Gaoler, Volume 2 Powers & duties of the sheriff
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Replevin has been defined to be a redelivery to the owner by legal process of his cattle or goods distrained for every cause. Public wrongs, Volume 2 Replevin
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns When the battery is committed by several persons and all are sued, there seems to be a difference of opinion among writers whether separate damages can be awarded. Public wrongs, Volume 2 Several damages in battery
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This is one of the titles arising out of civil relations. The word sheriff signifies the governor or keeper of a county. Sheriff & Gaoler, Volume 2 Sheriffs & jailors
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Slander consists in maliciously defaming another person in his reputation. Private wrongs, Volume 2 Slander
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The statute of frauds and perjuries enact that contracts of certain kinds shall not suppose an action or suit in law or equity unless the agreement, promise or contract Contracts, Volume 2 Statute of frauds & perjuries
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Here the inquiry relates to what subjects contracts may be made and which will be binding. Contracts, Volume 2 Subjects of contracts
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Trespass in its most extensive acceptation at common law is every transgression of the law falling short of felony, treason and misprision of felony and treason. Public wrongs, Volume 2 Trespass for injuries to things personal
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This action comprehends a gr eat variety of particulars. This action lies first for wrongful acts unaccompanied by force. Public wrongs, Volume 2 Trespass on the case ex delicto
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The action of trover as it is by abbreviation or more correctly [word} called is properly and action of trespass on the case. Private wrongs, Volume 2 Trover
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns It was formerly held that in case of a voluntary escape, the prisoner was absolutely discharged from the debt or other liability on which he was arrested. Sheriff & Gaoler, Volume 2 Voluntary & negligent escapes
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns In general, every person who has a right to the goods may maintain trover for them, i.e., every person having any interest in the goods. Private wrongs, Volume 2 Who may maintain trover
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Actions of slander were anciently very rare, because according to the ancient construction given to words deemed to be slanderous was that they should be taken in meliori sense. Private wrongs, Volume 2 Words claimed to be slanderous
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This is an action founded on an express or implied contract that one who has received the property of another to account for will render his reasonable account for it Contracts, Volume 3 Action of account
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This is an action of trespass on the case but to recover damages for the breach of a simple contract. Assumpsit, Volume 3 Action of assumpsit & defences
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Debt is defined to be a certain sum of money due by certain and express contract. Action for debt, Volume 3 Action of debt
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A subscription to arbitrament may be either by the act of the parties only, or by their act sanctioned by a rule of court. Award, Volume 3 Award & arbitrament
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A sold goods to B. for L1000 in N. York when both were citizens of N. York. B. afterwards removed to Connecticut and by the insolvent law of that state, was discharged from all prior debts. Habeas corpus, Volume 3 Caines NY reports vol. 3
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns In general, a tender on one part and refusal on the other goes not in discharge of the debt or duty. Assumpsit, Volume 3 Consequences of a valid tender
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The first consequence is that the contract is utterly void. Usury, Volume 3 Consequences of usury in a contract
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns It is a cardinal rule that all covenants are to be construed liberally, i.e. the concurring of the parties is to be sought without a regard to the technical terms. Contracts, Volume 3 Construction of covenants
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This action is founded on a covenant and allows a recovery for the breach of it and hence we have the title of the action. Contracts, Volume 3 Covenant broken
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns If a bond is given conditioned for the payment of an aggregate sum out at different times by installments, debt on this bond will lie for the penalty on the first breach. Contracts, Volume 3 Covenants to pay money by installments
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This is a former Common Law action. Debt, covenant, account and detinue were the only four actions which could be founded in contract. Action of detinue, Volume 3 Detinue
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This writ is of more practical importance than ay other of the prerogative writs because it is more frequently called for. Prerogative writs, Volume 3 Habeas corpus
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns When as award is deficient in requisites, i.e., the legal requisites before mentioned, an objection may be taken to it in an action. Award, Volume 3 How relief is obtained against awards
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns In all actions at law founded on contracts, a request either actual or fictitious before action brought is required on the part of the plaintiff. Notice & request, Volume 3 Notice & request
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns In assumpsit, usury may be given in voidance under the general issue or it may be specially pleaded. Usury, volume 3 Pleadings in an action on the contract
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns In an action of covenant broken, the declaration must allege expressly that the covenant is by deed or under seal, for it it is not under seal, it is not a covenant. Contracts, Volume 3 Pleadings in covenant broken
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The general issue in this action is non-assumpsit, that the defendant did not assume and provide as the plaintiff in his declaration alleged. Assumpsit, Volume 3 Pleadings on the part of the defendant
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The arbitrator are required to appoint and give notice of time and place of hearing to the parties, unless indeed that is specially pointed out in the subscription. Award, Volume 3 Proceedings after submission
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This is also a prerogative writ issuing generally out of the court of K.B. in England and its object is to prevent inferior courts from holding plea of a cause out of their jurisdiction. Prerogative writs, Volume 3 Prohibition
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns As this defence consists of matter which goes only to the discharge of damages and costs, and not to the discharge of the debt, it must be specially pleaded. Assumpsit, Volume 3 Tender
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Usury is defined to be the taking of or contracting for illegal interest for forbearance of the principal of a loan. Usury, Volume 3 Usury
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This is a prerogative writ issuing from the court of K.B. in England and answering in some degree in its effects to the relief afforded in chancery. Prerogative writs, Volume 3 Writ of mandamus
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns It follows that if one declare upon a promise within the statute of frauds and don't state the promise to be in writing, Pleas & pleadings, Volume 4 Appendix to pleadings
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Accessories are of two kinds, before and after the fact. An accessory before the fact is one who procures, causes or commands the commission of the crime but is absent when it is committed. Public wrongs, Volume 4 Accessories
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns To arrest judgment is to stay or stop it. This is done on motion reduced to writing and entered on the record. Pleas & pleadings, Volume 4 Arrest of judgment
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Arson is the malicious and willful burning of the house or outhouse of another. Public wrongs, Volume 4 Arson
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This is an offence against the right of habitation. Burglary is the act of breaking and entering the mansion house of another in the night season with intent to commit a felony. Public wrongs, Volume 4 Burglary
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns That branch of municipal law treating of public wrongs is called criminal law, pleas of the crown or crown law. Public wrongs, Volume 4 Criminal law
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns In certain cases and indeed generally, when the pleadings terminate in an issue in fact, one party may take the examination of the cause from the jury and present it to the court. Pleas & pleadings, Volume 4 Demurrer to evidence
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns These pleas are called dilatory pleas because they were formerly used without any foundation in truth. Pleas & pleadings, Volume 4 Dilatory pleas
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The difference between excusable and justifiable homicide is slight. Public wrongs, Volume 4 Excusable homicide
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Felony is any offence which at common law occasioned the forfeiture of the offending goods or lands or both. Public wrongs, Volume 4 Felony
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Forgery is at common law the fraudulent making or altering of any writing to the prejudice of another's right. Public wrongs, Volume 4 Forgery
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Declaration for betterments; plea for abatement for insufficient services; rule to show cause; Declaration against the sheriff for neglect of duty; Declaration against high sheriff. Pleas & pleadings, Volume 4 Forms of pleading
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns It is a general rule that several distinct causes of action of the same nature and between the same parties may be joined in the same declaration. Pleas & pleadings, Volume 4 Joinder of causes of action
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Larceny is the legal term to denote theft. Public wrongs, Volume 4 Larceny
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Mixed larceny has all the properties of simple larceny and the rules laid down as to simple larceny will apply to mixed. Public wrongs, Volume 4 Mixed larceny
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns It is not correctly defined in any of the books. It consists in alleging with all necessary circumstances in the replication Pleas & pleadings, Volume 4 Novel assignment
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The declaration must always agree with the writ or it is ill, for it is the writ which authorizes all the subsequent proceedings. Pleas & pleadings, Volume 4 Of the declaration
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns There are certain instances, however , in which murder being more than [word] heinous is denominated petit treason. Public wrongs, Volume 4 Petit treason
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Pleadings are the mutual altercations between plaintiff and defendant put into legal form and set down in writing. Pleas & pleadings, Volume 4 Pleas & pleadings
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Of these, the first is the general issue. Issue is defined to be a certain single and material point issuing out of the allegations of the parties. Pleas & pleadings, Volume 4 Pleas to the action
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This branch of the law is governed in great measure by the principles of the common law. Public wrongs, Volume 4 Proceedings in criminal cases
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns It is a general rule of the Common Law that where a party pleads or declares upon a deed, makes title under it (i.e. founds his claim upon it or founded his defence upon it) Pleas & pleadings, Volume 4 Profert & oyer
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Pleas in abatement regularly begin and conclude to the writ, or in some few cases, to the declaration by paring judgment of the writ. Pleas & pleadings, Volume 4 Rules as to pleas in abatement
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns It is laid down as a general rule that the bailor, having what is called the general property, may maintain any proper action according to the nature of the wrong Bailments, Volume 5 Actions of bailor & bailee against strangers
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The ordinary mode of compelling a witness in a civil suit to attend is by a writ of subpeona ad testificandum. Evidence, Volume 5 Attendance of witnesses
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Bailments is defined to be a delivery of goods by one to another on a contract, express or implied, that they shall be restored to the bailor or according to by his directions Bailments, Volume 5 Bailments
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A bill of exceptions is a statement of facts and some interlocutory judgment annexed to the record to found a writ of error. Bills of exception, Volume 5 Bills of exception & writs of error
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A bill of exchange is an open letter of request addressed by one person to another requesting him to pay a certain sum of money to a third person or to any other Bills of exchange & promissory notes, Volume 5 Bills of exchange
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Who are competent witnesses? All persons not legally disqualified. Evidence, Volume 5 Competent witnesses
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Depositum is a delivery of goods to the bailee without reward for the sole benefit of the bailor. Bailments, Volume 5 Depositum
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A prior judgment is a sentence of law deciding on a matter of right, not a finding of facts, but a conclusion of law from those facts found. Evidence, Volume 5 Difference between judgments & verdicts
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Bailments, according to the common law distribution, are divided into six kinds. Sir W. Jones makes but five. Bailments, Volume 5 Different kinds of bailments
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The admissibility of evidence is always matter of law to be decided by the court Its credibility and weight are matter of fact to be tried by the jury. Evidence, Volume 5 Evidence
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns At common law, any person may exercise the lawful employment of inn keeping unless the number be such as to be inconvenient to the public. Inns & Innkeepers, Volume 5 Inns & innkeepers
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Insurance is a contract by which one party, in consideration of a [word], undertakes to indemnify the other against the happening of some disastrous event. Insurance, Volume 5 Insurance
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Bills of exchange are of two kinds: foreign and inland. Bills of exchange & promissory notes, Volume 5 Kinds of bills of exchange
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Copies of the records of courts of justice are of four kinds. Evidence, Volume 5 Kinds of court records
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Evidence in the law is of two kinds: written and unwritten. Written evidence is divided into three kinds: 1 records; 2 public writings not records; 3 private writings. Evidence, Volume 5 Kinds of evidence
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The mercantile law, or what is usually called the law merchant, has been often denominated a particular custom. But this is manifestly incorrect. Mercantile law, Volume 5 Lex Mercatoria
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns New trials, Volume 5 New trials
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Bills of exchange & promissory notes, Volume 5 Obligations upon the drawer
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Partnership may be general or special. A partnership is called general when formed for the ordinary and general purpose of carrying on trade. Partnership, Volume 5 Partnership
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns When a fact is to be proved by a deed or other private instrument, the original must be produced if it be in existence or in the power of the party. Evidence, Volume 5 Private writings
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A promissory note is a direct engagement in writing to pay a sum of money to a person named in it or to his order Bills of exchange & promissory notes, Volume 5 Promissory notes
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns If partners borrow money which goes to the use of the partnership, tho' advanced on the sole bond of one alone, and they become bankrupt, the lender may come upon the partnership effects Partnership, Volume 5 Remedies between partners
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The usual action upon promissory notes and bills of exchange is assumpsit. Bills of exchange & promissory notes, Volume 5 Remedies on promissory notes & bills of exchange
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A party is never allowed to introduce his own declarations in his own favor, except when they constitute a part of the res gesta. Evidence, Volume 5 Res gesta
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns No one can maintain this action unless he has a right of entry, for the action is founded on a supposed right of possession for the lessor. Injuries to real property, Volume 6 Who may maintain ejectment
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A devise may be ineffectual either from defects apparent on the face of it, intrinsic, or from extrinsic defects. Volume 6 A devise may fail of taking effect, Wills & devises
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A lessor for years cannot have trespass against the lessee for cutting the timber and carrying it off. Injuries to real property, Volume 6 Against whom trespass lies
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This action at common law laid only against guardians in chivalry, tenants by courtesy, and tenants in dower, and not against those whose estates were conventional. Injuries to real property, Volume 6 Against whom waste lies
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns But one may create by devise not only a devisable interest, but an authority over such an interest. Volume 6 Authorities or powers by devise, Wills & devises
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns There are certain badges of fraud especially under the 13 Elizabeth, viz., 1. The grantor's property is granted generally. Fraudulent conveyance, Volume 6 Badges of fraud
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Real actions are almost entirely obsolete in Westminster Hall. The action of disseisin is somewhat peculiar in some of its traits to this country. Injuries to real property, Volume 6 Ejectment & disseisin
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns It is a general rule here as elsewhere that the evidence must follow the issue. Injuries to real property, Volume 6 Evidence in trespass
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Under this head, it is a rule that every person is answerable for trespass committed by himself and also for cattle or beasts of pasture if the injuries are committed Injuries to real property, Volume 6 For what injuries the action lies
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns This is one of the most important titles in the law in point of practical utility. Fraudulent conveyance, Volume 6 Fraudulent conveyances
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The party entitle to the benefit of the statute need do no more than treat the fraudulent conveyance as if it had never been made. Fraudulent conveyance, Volume 6 How fraudulent conveyances are avoided
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns It is extremely difficult to define the precise power of a court of chancery and to point out the precise difference between the jurisdiction of a court of equity and a court of law. Chancery, Volume 6 Jurisdiction & powers of Chancery
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The ecclesiastical courts in England have no jurisdiction of devises of land and if they proceed to prove a will of real property, the superior courts of Westminster will issue a prohibition. Volume 6 Jurisdiction of courts as to devises, Wills & devises
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Some parts of this subject are plain and easily resolvable into simple principles and others are rather intricate, but they ought to be understood by every lawyer. Volume 6 Parol evidence to explain devises, Wills & devises
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The declaration should state the plaintiff's title as it is in fact and it must show a subsisting title at the time of action brought. Injuries to real property, Volume 6 Pleadings & evidence in ejectment
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns When a trespass consists in the abuse of a license given by law, it is sufficient to for the plaintiff to allege the trespass without noticing the license as in the case of Injuries to real property, Volume 6 Pleadings in trespass
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A will, tho' once revoked, if not absolutely destroyed, may be [word] by a subsequent republication, for every will being ambulatory until the testator's death may be confirmed Volume 6 Republication, Wills & devises
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns All testamentary dispositions of property are in the language of the law ambulatory until the death of the testator, that is, a will has no effect whatever in law till the death Volume 6 Revocation of a will, Wills & devises
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A devise under the Statute 32 Henry 8 called an irregular instrument in writing, i.e., the statute having prescribed no form of words, any writing manifesting an intention to Volume 6 The instrument of devise, Wills & devises
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The remaining mode of acquiring title by purchase is by devise, which is one of the most important titles in the law. Volume 6 Title by devise, Wills & devises
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The injury for which this action consists is the unlawfully entering on another's land and doing some damage. Injuries to real property, Volume 6 Trespass quare clausum fregit
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The plaintiff may recover according to the title or interest which he proves, tho' it should be different from that laid in the declaration. Injuries to real property, Volume 6 Verdict & judgment in ejectment
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Waste is defined to be any spoil or destruction in houses, lands, or any other corporeal heriditaments to the disinherison of him who has the remainder or reversions in fee simple Injuries to real property, Volume 6 Waste
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Waste may be committed on land thus, by digging up and carrying away the soil. Injuries to real property, Volume 6 Waste on land
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A tenant in fee simple absolute may devise his whole interest and so he may devise any other fee simple. Volume 6 What estate may be created by devise, Wills & devises
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns What things are devisable under the statute of wills. In the first place, all lands not devisable by custom are devisable under the statute of wills. Volume 6 What things are devisable, Wills & devises
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns In general, all persons who are not rendered incapable by positive law may be devisees under the statute 32 Henry 8, as explained by 32 Henry 8. Volume 6 Who may be devisees, Wills & devises
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns No person buy him who has the actual possession of land can maintain this action. Injuries to real property, Volume 6 Who may maintain the action
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns By the ancient common law, there lay a writ of prohibition to restrain waste, but this was taken away by Statute 13 Edward 1. Injuries to real property, Volume 6 Who may maintain waste
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The modes of acquiring title by purchase are the following, viz, by deed, execution, and devise. Real property & mortgages, Volume 7 Alienation by deed
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns By the rule of the common law, every deed must be founded upon lawful and sufficient consideration. Real property & mortgages, Volume 7 Consideration of a deed
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Deeds are to be constructed as near the apparent intent of the parties as the law will permit. Real property & mortgages, Volume 7 Construction of a deed
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns On this subject, it is necessary to be very precise and careful in definition. Real property & mortgages, Volume 7 Contingent remainders
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns We now come to the division of estates into estates in possession and estate in expectancy, the latter of which are of two sorts. Estates in remainder and estates in reversion. Real property & mortgages, Volume 7 Estates in possession remainder & reversion
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns An estate in reversion is the residue of an estate left in the grantor to com into possession after the determination of some particular estate granted by him. Real property & mortgages, Volume 7 Estates in reversion
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Estates are made to be treated of in relation to the number of tenants. Real property & mortgages, Volume 7 Estates in severalty joint tenancy
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns These are of three kinds, viz., estates for years, estates at will, and estates by sufferance. Real property & mortgages, Volume 7 Estates less than freeholds
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns An estate on condition is one which depends upon some uncertain event by which it may be created, enlarged or defeated. Real property & mortgages, Volume 7 Estates on condition
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns There is a species of expectancy not strictly a remainder, though of the same general nature and which is called an executory devise. Real property & mortgages, Volume 7 Executory devises
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Now, as after forfeiture, a court of equity will decree redemption in favor of the mortgagor, so on the other hand, it will decree a foreclosure in favor of the mortgagee. Real property & mortgages, Volume 7 Foreclosurre of a mortgage
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns An estate in lands, tenements and hereditaments is the interest the owner or tenant has in them and hence if one conveys all his estate in a certain town to another Real property & mortgages, Volume 7 Freehold estates of inheritance
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns These are estates for life, the only species of estates not inheritable, that are freeholds. Real property & mortgages, Volume 7 Freeholds not of inheritance
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Vested remainders are descendible, devisable, assignable and transmissible. A vested remainder is descendible because it will go to the heir at land of the remainder man. Injuries to real property, Volume 7 Incidents of estates in expectancy
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns An incorporeal heriditament is a right issuing out of or concerning or annexed to or exercisable within a thing corporeal. Real property & mortgages, Volume 7 Incorporeal heriditaments
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A limited fee is such an estate of inheritance as is qualified by some condition or qualification and these are of two sorts. Real property & mortgages, Volume 7 Limited estates of inheritance
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns It was formerly doubted whether on redemption, the money should be paid to the heir, or executor or administrator. Real property & mortgages, Volume 7 Mortgage interest upon death
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns A mortgage is defined to be an estate granted by a debtor to a creditor with condition that if the grantor pay the grantee according to contract, he may reenter Real property & mortgages, Volume 7 Mortgages
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns First, the interest of the mortgagor. As soon as the estate is created, the mortgagee may enter and take possession for the whole legal title vests in him on delivery of the deed. Real property & mortgages, Volume 7 Of the mortgagor & mortgagee
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The commencement of this title will be occupied by a few introductory remarks on the subject of property in general. Real property & mortgages, Volume 7 Real property
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns The wife's rights are to be presented here necessarily, but will be treated more particularly under the title of Baron and Feme. Real property & mortgages, Volume 7 Rights of the mortgagor's wife
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns Tenants in common are, according Blackstone, those who hold by several distinct titles but by unity of possession. Real property & mortgages, Volume 7 Tenancy in common
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns An estate in coparcenary is one which has descended to two or more persons. Real property & mortgages, Volume 7 Tenancy in coparcenary
1822-01-01 to 1822-12-31 Gould, James Fullerton, Thomas Stearns By the statute law of some of our state, the levy of an execution has become a common mode of acquiring title to real property. Real property & mortgages, Volume 7 Title by execution