Sherman, Roger Minot

Author: 
Sherman, Roger Minott
Birth Date: 
1773-05-22
Death Date: 
1844-12-30
Notes: 
One volume; modern red binding, gold tooled. Small notebooks bound together. Spine label: Judge Reeve's Litchfield Law School Lectures. Roger Minot Sherman 1794. Pages numbered, but not always continuously; unlined paper; citations in ruled outer margins; lectures are numbered; headers throughout. Sherman has indicated by a margin note "Mr. Reeve's opinion" pp. 128, 156, 168, 189, 194, 196. Lectures on municipal law are repeated twice at the beginning of the volume.
Provenance: 
Letter of transmittal from Dwight C. Kilbourn, dated June 22, 1903, bound in.
Lecture Date Lecturer Opening Line All terms
1794-01-01 to 1794-12-31 Reeve, Tapping Public and private statutes are of less importance to be distinguished here than in England, since both may in pleading be given in evidence under the general issue Municipal law, Section 2 Public & private statutes
1794-01-01 to 1794-12-31 Reeve, Tapping The rule that apprentices must be bound by deed is a rule of common law, and is not required by statute. Master & Servant, Section 2 Apprentices
1794-01-01 to 1794-12-31 Reeve, Tapping The ground of the master's liability for his servants' contracts is, that such contracts are considered as being virtually his own. Master & Servant, Section 2 Master's liability on contracts of the servant
1794-01-01 to 1794-12-31 Reeve, Tapping A master in correcting his servant may not wound him. Master & Servant, Section 2 Master's power to corrrect his servant
1794-01-01 to 1794-12-31 Reeve, Tapping Lecture 28 continued. Definitions. Executors and administrators are those who are to settle the estates of deceased persons. Section 2 Of wills & testaments, Wills & devises
1794-01-01 to 1794-12-31 Reeve, Tapping In Connecticut, as in England, the real estate descends to the heir and the personal to the executor to be applied to payment of debts. Section 2 Real estate descends to heir, Wills & devises
1794-01-01 to 1794-12-31 Reeve, Tapping In the distribution of personal property, no distinction is made between the whole & half blood. Section 2 Whole & half blood, Wills & devises
1794-01-01 to 1794-12-31 Reeve, Tapping The real & personal property of the intestate is distributed under this statute in equal shares among all the children of the intestate. Section 2 Distribution by statute of Connecticut, Wills & devises
1794-01-01 to 1794-12-31 Reeve, Tapping By a statute of Charles 2, every child except the heir at law, who has received an advancement from the father during his life, shall, in order to be entitled to a distributive share Section 2 Advancement, Wills & devises
1794-01-01 to 1794-12-31 Reeve, Tapping A bequest of all a man's property in a particular place extends to all that he may afterwards have in that place. Section 2 Bequests, Wills & devises
1794-01-01 to 1794-12-31 Reeve, Tapping If a statute invests a body of men with power to transact certain business by majorities, and constitutes a certain number of the body a quorum, Municipal law, Section 2 Quorum
1794-01-01 to 1794-12-31 Reeve, Tapping Statutes giving greater remedies than the remedies of natural justice would require, are denominated penal. Municipal law, Section 2 Penal statutes
1794-01-01 to 1794-12-31 Reeve, Tapping When the personal fund in the hands of an executor is exhausted by [word] conditions, equity will let in legatees as condition against land charged with debt Section 2 Personal fund exhaustion, Wills & devises
1794-01-01 to 1794-12-31 Reeve, Tapping By Statute 29 of Charles 2, the husband is entitled to administer on his wife's estate in preferment to all others. Section 2 Persons entitled to administration, Wills & devises
1794-01-01 to 1794-12-31 Reeve, Tapping In Connecticut, no provision is made for the dispossessed of the residue of an estate per autre vie, when the tenant dies before cestuique vie. Section 2 Residue of an estate, Wills & devises
1794-01-01 to 1794-12-31 Reeve, Tapping In Connecticut, the executor or administrator represents the deceased both as to the real and personal property. Executor & Administrators, Section 2 Executors & administrators
1794-01-01 to 1794-12-31 Reeve, Tapping as it respects the Husband's right to the wife's estate. The general principle by which the law on this branch of the subject is regulated, is founded on the duty of the husband Baron & feme, Section 2 Of the consequences of marriage
1794-01-01 to 1794-12-31 Reeve, Tapping To every will in England there must be an executor. A testamentary instrument not appointing an executor is called a testament. Executor & Administrators, Section 2 Testaments
1794-01-01 to 1794-12-31 Reeve, Tapping If after judgment and execution recovered against an executor for the debt of his testator, he neglects to make payment, the creditor may sue him. Executor & Administrators, Section 2 Liability of executor
1794-01-01 to 1794-12-31 Reeve, Tapping The method of recovering legacies in England is by libel in the Ecclesiastical court or by bill in Chancery. Executor & Administrators, Section 2 Recovering legacies
1794-01-01 to 1794-12-31 Reeve, Tapping Bailment is divided into six kinds: a delivery of goods into safekeeping without any reward, or naked bailment, called in law depositum. Bailments, Section 2 Contracts including bailment
1794-01-01 to 1794-12-31 Reeve, Tapping If a person is entrusted with property for the purpose of conveying it, or doing any other act respecting it for the owner without reward, the bailee is liable for it. Bailments, Section 2 Bailee's liability
1794-01-01 to 1794-12-31 Reeve, Tapping Of actions to which the Bailor & Bailee are respectively liable. When goods bailed are wrongfully taken from bailee, the bailor may have an action against the wrongdoer to recover the value of the property. Bailments, Section 2 Bailor & bailee's liability
1794-01-01 to 1794-12-31 Reeve, Tapping If a traveller not having paid fr his entertainment departs without leave, the tavern keeper may make [word] pursuit and take him. Inns & Innkeepers, Section 2 Tavern keepers
1794-01-01 to 1794-12-31 Reeve, Tapping In 1773, it was determined in the Superior Court of Connecticut that the husband be tenant by curtesy no longer than during the minority of the issue Baron & feme, Section 2 Husband as tenant by curtesy
1794-01-01 to 1794-12-31 Reeve, Tapping If a creditor suffers his debtor to escape, or released him from prison, he can never afterwards retake him or recover his debt. Section 2 Debtor's escape
1794-01-01 to 1794-12-31 Reeve, Tapping Courts of law, even where there is not actual contract, will, upon the idea of an implied contract, compel the payment of money which is justly due. Contracts, Section 2 Implied contracts
1794-01-01 to 1794-12-31 Reeve, Tapping A contract obtained by duress may be affirmed after the duress is removed. Contracts, Section 2 Contracts affirmed or avoided
1794-01-01 to 1794-12-31 Reeve, Tapping In case of a contract with an heir apparent, for an estate in expectancy, if there is not great inequality in the terms of the contract and the money was obtained by the heir Contracts, Section 2 Contract with an heir apparent
1794-01-01 to 1794-12-31 Reeve, Tapping A contract perfectly nugatory is void and if money has been paid upon such contract, it may be recovered back on being paid without consideration. Contracts, Section 2 Nugatory contracts
1794-01-01 to 1794-12-31 Reeve, Tapping A contract which is a total cheat on one part, i.e., one by which property is [word] without any consideration, Chancery will annul. Contracts, Section 2 Contracts cheating
1794-01-01 to 1794-12-31 Reeve, Tapping Property must be given that it may vest in a feme covert to her sole and separate use. Baron & feme, Section 2 Property of feme covert
1794-01-01 to 1794-12-31 Reeve, Tapping Contracts operating as frauds or imposition on third persons are totally void, even as to the contracting parties themselves. Contracts, Section 2 Fraudulent contracts
1794-01-01 to 1794-12-31 Reeve, Tapping Actually marrying is not considered such an execution of a marriage agreement as will take it out of the statute, for the act of marrying affords no proof of the existence of any agreement. Contracts, Section 2 Marriage agreements
1794-01-01 to 1794-12-31 Reeve, Tapping Contracts executed are those by which the parties mutually transfer their right to each other and effect a change of property, either mediately or immediately Contracts, Section 2 Contracts executory & executed
1794-01-01 to 1794-12-31 Reeve, Tapping A consideration to be sufficient to support a contract must be an existing consideration according to old authorities. Contracts, Section 2 Consideration
1794-01-01 to 1794-12-31 Reeve, Tapping Promises are of two kinds, express and implied. Assumpsit, Section 2 Assumpsit
1794-01-01 to 1794-12-31 Reeve, Tapping The action of book debt is in Connecticut in some cases a substitute for the action of assumpsit. Assumpsit, Section 2 Book debt
1794-01-01 to 1794-12-31 Reeve, Tapping Pleas in assumpsit of matters arising subsequent to the contract. 1. Statute of limitation may be pleaded in bar in this action. Assumpsit, Section 2 Pleas in assumpsit
1794-01-01 to 1794-12-31 Reeve, Tapping A second defence arising from matters subsequent to the assumpsit is "award and satisfaction." Assumpsit, Section 2 Award & satisfaction
1794-01-01 to 1794-12-31 Reeve, Tapping The principles of the civil law have been gradually interwoven with the old common law respecting arbitrament, so that this title of law has undergone an almost total change. Assumpsit, Section 2 Arbitrament
1794-01-01 to 1794-12-31 Reeve, Tapping All persons except idiots, lunatics, persons of insane memory and persons attaint of treason or felony may be arbitrators. Assumpsit, Section 2 Who may be arbitrators
1794-01-01 to 1794-12-31 Reeve, Tapping An award directing any thing to be done by or to a stranger was formerly void in all cases. Assumpsit, Section 2 Award
1794-01-01 to 1794-12-31 Reeve, Tapping Municipal law is a rule of civil action prescribed by the supreme power in a state commanding what is right and prohibiting what is wrong. Municipal law, Section 2 Different kinds of law
1794-01-01 to 1794-12-31 Reeve, Tapping The dictum that if the submission is in writing, the award must be in writing is not supported by authority. Assumpsit, Section 2 Submission
1794-01-01 to 1794-12-31 Reeve, Tapping by her own contracts. It is a general rule of the common law that a feme covert can not make herself liable for her contracts, tho' she may in many instances, bind her husband Baron & feme, Section 2 Of the Wife's power to bind herself
1794-01-01 to 1794-12-31 Reeve, Tapping In most cases, when an award is not set forth by the plaintiff and breach assigned, the assignment of the breach ought to be on the good past of the award only. Assumpsit, Section 2 Assignment of breach
1794-01-01 to 1794-12-31 Reeve, Tapping If any important fact is annulled from the arbitration by either party and the arbitrators or on of the will swear that a knowledge of the fact Assumpsit, Section 2 Annulment of fact
1794-01-01 to 1794-12-31 Reeve, Tapping When other articles than money are tendered and refused, the tenderee may, if the articles are afterwards kept by the tenderer, after demand, sue for them in trover. Section 2 Tender of articles, Tender
1794-01-01 to 1794-12-31 Reeve, Tapping If after tender and refusal, the tenderer should call for his money, he should demand it in a reasonable manner. Section 2 Tender & refusal, Tender
1794-01-01 to 1794-12-31 Reeve, Tapping Another defence in assumpsit is the plea of foreign attachment. Foreign attachment is allowed in common law only when the plaintiff debtor is absent. Foreign attachment, Section 2 Foreign attachment
1794-01-01 to 1794-12-31 Reeve, Tapping An executor is liable on the [word] of his testator respecting eve real property if there is a possibility of his carrying them into execution. Covenants, Section 2 Covenant
1794-01-01 to 1794-12-31 Reeve, Tapping In an action for damages for breach of a covenant real, if the breach incurred during the life of the covenantor, the executor after his death is liable. Covenant broken, Section 2 Breach of covenant
1794-01-01 to 1794-12-31 Reeve, Tapping In actions on bonds or goods to save harmless, the defendant must in general plead that he has saved the plaintiff harmless and also plead the particular acts by which he saved Covenants, Section 2 Actions on bonds
1794-01-01 to 1794-12-31 Reeve, Tapping The general rule under this head is that all contracts between husband and wife are void and that those made between them before coverture are dissolved by the intermarriage. Baron & feme, Section 2 Of agreements between Husband & Wife
1794-01-01 to 1794-12-31 Reeve, Tapping The action of debt lies in general to recover any liquidated or obtain sums of money. Action for debt, Section 2 Action of debt
1794-01-01 to 1794-12-31 Reeve, Tapping A grant executed of a thing of which the grantor has not the actual or potential ownership is void. Contracts, Section 2 Grant executed
1794-01-01 to 1794-12-31 Reeve, Tapping But when there has been no actual contract of sale, but merely an arrangement to make a contract in future, execution does not consider the property as transferred. Contracts, Section 2 Specific execution of contracts
1794-01-01 to 1794-12-31 Reeve, Tapping Where nominal damages only can be recovered at law, chancery will not decree a specific execution. Contracts, Section 2 Chancery powers over contracts
1794-01-01 to 1794-12-31 Reeve, Tapping If a feme covert aliens her property by fine or common recovery, such alienation is a guard against her & her heirs. Baron & feme, Section 2 Alienation of property by feme covert
1794-01-01 to 1794-12-31 Reeve, Tapping as defendants. The general rule under this head is, that when the action would survive against the wife, she should be joined with the husband. Baron & feme, Section 2 Husband & wife joined in a suit
1794-01-01 to 1794-12-31 Reeve, Tapping The law merchant is a law regulating and applicable to a certain class of transactions, principally of a mercantile kind. Municipal law, Section 2 Law merchant
1794-01-01 to 1794-12-31 Reeve, Tapping The law considers marriage merely as a civil contract. Baron & feme, Section 2 Of the celebration of marriage
1794-01-01 to 1794-12-31 Reeve, Tapping The English law which prohibits marriage on the ground of consanguinity & affinity depends on the Statute 32 of Henry VIII. Baron & feme, Section 2 Of marriages void & voidable
1794-01-01 to 1794-12-31 Reeve, Tapping It is a maxim of the English law that a bastard is nullius filius and related to nobody. Parent & child, Section 2 Bastardy
1794-01-01 to 1794-12-31 Reeve, Tapping As the consideration of a bill of exchange cannot be examined, such instrument, for that reason, does not bind an infant. Parent & child, Section 2 Infants not bound by bill of exchange
1794-01-01 to 1794-12-31 Reeve, Tapping Any act of an infant, after he arrives at full age, showing his intention to waive the privileges of infancy will be sufficient to affirm a contract. Parent & child, Section 2 Infants & contracts
1794-01-01 to 1794-12-31 Reeve, Tapping An infant in ventre sa mere is to many purposed considered as being in esse. Parent & child, Section 2 Ventre sa mere
1794-01-01 to 1794-12-31 Reeve, Tapping Formerly no impossibility of access during coverture except in the case of extra quattuor [word] could be admitted as proof of illegitimacy. Parent & child, Section 2 Bastards
1794-01-01 to 1794-12-31 Reeve, Tapping In Connecticut the father and mother of a bastard are equally chargeable for its maintenance. Parent & child, Section 2 Maintenace of a bastard
1794-01-01 to 1794-12-31 Reeve, Tapping It is generally true that parents are liable for the contracts and torts of their children, to the same extent that masters are for those of their servants. Parent & child, Section 2 Liability of parents for their children's contracts
1794-01-01 to 1794-12-31 Reeve, Tapping The parent may have an action on the case for enticing the child from his service. Parent & child, Section 2 Enticing a child
1794-01-01 to 1794-12-31 Reeve, Tapping Guardian in socage continues till the ward is fourteen years. Guardian & Ward, Section 2 Guardian in socage
1794-01-01 to 1794-12-31 Reeve, Tapping In England, an infant mortgagee may, on payment of the money loaned, reconvey the estate to the mortgagor. Guardian & Ward, Section 2 Infant mortgagee
1794-01-01 to 1794-12-31 Reeve, Tapping The several kinds of servant are 1 slaves, 2 apprentices, 3 menial servants, 4 day labourers, 5 agents. Master & Servant, Section 2 Master & servant
1794-11-04 Reeve, Tapping Municipal law is a rule of action prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong. Municipal law, Section 1 Municipal law
1794-11-05 Reeve, Tapping The law merchant is a law regulating and applicable to a certain class of transactions, principally of the mercantile kind. Municipal law, Section 1 Law merchant
1794-11-06 Reeve, Tapping Statutes, or the precepts of the supreme legislative authority, are of two kinds. Municipal law, Section 1 Statutes
1794-11-07 Reeve, Tapping In some instances, penal statutes have been construed liberally and extended to the punishment of a person according to the spirit, tho' not according to the letter Municipal law, Section 1 Penal statutes
1794-11-08 Reeve, Tapping Over the wife's estate. All the personal estate of which the wife is in actual possession is transferred by the marriage to the husband, who thereby acquires a natural right of ownership in it. Baron & feme, Section 1 Of the right which the husband acquires
1794-11-11 Reeve, Tapping Authorities to the principles of the last lecture. Coke, Littleton 350, 351 300a-466 [several more] Baron & feme, Section 1 Authorities
1794-11-12 Reeve, Tapping This is a novel doctrine established by the English courts, which has not, as yet, been before our courts, to the extent is designed to be carried. Baron & feme, Section 1 How far contracts of a feme covert are binding
1794-11-13 Reeve, Tapping The husband's liability for the contracts of the wife entered into during coverture. The rule laid down in all the books is, that the baron is never liable for feme's contracts unless entered into by his express or implied consent. Baron & feme, Section 1 Husband's liability for wife's contracts