1815-01-01 to 1815-12-31 |
not identified |
Contents Continuation of private wrongs Page 1 |
Private wrongs, Volume 5 Contents |
1815-01-01 to 1815-12-31 |
not identified |
This action lies for wrongs not accompanied with force, as acts which, tho' not forcible, are injurious and culpable neglects. |
Private wrongs, Volume 6 Trespass on the case for injuries |
1815-01-01 to 1815-12-31 |
Reeve, Tapping |
...is a great refusal to their laws and works great injustice. |
Evidence, Volume 3 Evidence continued |
1815-01-01 to 1815-12-31 |
Gould, James |
Mr. Gould's opinion respecting the question whether under a bailpiece from one state, the bail can justify an arrest of his principal in another state. |
Bailments, Volume 1 Mr. Gould's opinion on bail-piece |
1815-01-01 to 1815-12-31 |
Gould, James |
A lien is a direct claim to or encumbrance on some specific property of another by way of security for debt or duty. |
Bailments, Volume 2 In what cases the bailee has a lien on goods |
1815-01-01 to 1815-12-31 |
not identified |
As to severing damages, the authorities are contradictory. If two or more are charged jointly and found jointly guilty, i.e., each guilty of all, the jury can't sever the damages |
Private wrongs, Volume 5 Several damages |
1815-01-01 to 1815-12-31 |
Gould, James |
If one man bails property of another, the bailee, it is said, must deliver the property to the bailor because the bailee cannot judge between the bailor of the property and the owner |
Bailments, Volume 2 Rights of strangers are affected by bailments |
1815-01-01 to 1815-12-31 |
not applicable |
Bailments (first part) |
Bailments, Volume 1 Title page half |
1815-01-01 to 1815-12-31 |
not applicable |
1st General rules or remarks 17; I Depositum 27; II Commodatum 35; III Locatio et Conductio 37; IV Vadium or pledge 39; V Locatio operis mercium vehendarum 61 |
Bailments, Volume 1 Table of contents for bailments |
1815-01-01 to 1815-12-31 |
not identified |
Trespass vi et armis for false imprisonment |
Title Page, Volume 5 Trespass vi et armis for false imprisonment |
1815-01-01 to 1815-12-31 |
Gould, James |
Bailment is defined to be the delivery of goods upon a contract, express or implied, that they shall be restored to the bailor, or according to his directions, when the purpose |
Bailments, Volume 1 Bailments general remarks |
1815-01-01 to 1815-12-31 |
not identified |
Every unlawful restraint of one's liberty or any violation of one's right of locomotion is false imprisonment, e.g., illegal confinement in a house or street, &c. |
Private wrongs, Volume 5 False imprisonment |
1815-01-01 to 1815-12-31 |
Gould, James |
This is the most important branch of bailment. The law on this subject in England is regulated in a great measure by the statute 21 Jac. I, which Mr. G. thinks is in affirmance |
Bailments, Volume 2 Rights of the bailee's creditor to levy |
1815-01-01 to 1815-12-31 |
Gould, James |
A depositum is a delivery of goods to be kept by the bailee, gratuitously, for the benefit of the bailor. |
Bailments, Volume 1 Depositum |
1815-01-01 to 1815-12-31 |
not identified |
If an officer by mistake arrest A instead of B, he is liable for false imprisonment. So even if B declared himself to be A, Query, will damages be mitigated? |
Private wrongs, Volume 5 Of the liability of officers |
1815-01-01 to 1815-12-31 |
not applicable |
No. 1. Case for money had and received vs a bank in Essex County, March 9, 1804. [22 examples] |
Legal forms, Volume 7 Forms of assumpsit |
1815-01-01 to 1815-12-31 |
not applicable |
No. 1. For issues of land and monies received. In a plea of account [5 examples] |
Legal forms, Volume 7 Forms of account |
1815-01-01 to 1815-12-31 |
Gould, James |
It is a general rule that the bailor, having the general property, may maintain an action or any stranger who injures the goods or takes them away while in the bailee's possession. |
Bailments, Volume 2 Actions of the bailor & bailee |
1815-01-01 to 1815-12-31 |
Gould, James |
This is a gratuitous loan of goods to be used by the bailee and to be specifically returned. |
Bailments, Volume 1 Commodatum |
1815-01-01 to 1815-12-31 |
Gould, James |
This kind of bailment is a delivery of goods to be used by the bailee for a reward to be paid the bailor, as where one hires a horse for a ride or a utensil to use. |
Bailments, Volume 1 Locatio et conductio |
1815-01-01 to 1815-12-31 |
not identified |
Arrest under general search warrants are illegal. So are general warrants of any kind. |
Private wrongs, Volume 5 Search warrants |
1815-01-01 to 1815-12-31 |
Gould, James |
This is a delivery of goods as a security of a debt due from the bailor to the bailee. Property is considered as a pledge when it is delivered from one to another as security for a debt. |
Bailments, Volume 1 Vadium or pledge |
1815-01-01 to 1815-12-31 |
not applicable |
No. 1. For turning the plaintiff's ancient stream. [6 examples] |
Legal forms, Volume 7 Forms for disturbances |
1815-01-01 to 1815-12-31 |
Reeve, Tapping |
The next class of persons excluded from being witnesses in the cause is that which arises from the relation of the parties. |
Evidence, Volume 3 Persons incompetent because of relation |
1815-01-01 to 1815-12-31 |
not applicable |
Action on the case for malicious prosecution |
Title Page, Volume 5 Action on the case for malicious prosecution |
1815-01-01 to 1815-12-31 |
not identified |
This action is to recover damages against one who has preferred an indictment or other prosecution or brought an action as the plaintiff from a corrupt motive |
Private wrongs, Volume 5 Malicious prosecution |
1815-01-01 to 1815-12-31 |
not identified |
...a small blow will not justify mayhem. The plaintiff's act must endanger the defendant's life or member. |
Private wrongs, Volume 5 Private wrongs continued |
1815-01-01 to 1815-12-31 |
not applicable |
No. 1. Case for harboring the plaintiff's apprentice bound by his father by verbal agreement. [3 examples] |
Legal forms, Volume 7 Forms for misfeasances & negligences |
1815-01-01 to 1815-12-31 |
not identified |
Trespass for injuries to personal property |
Title Page, Volume 5 Trespass for injuries to personal property |
1815-01-01 to 1815-12-31 |
not applicable |
In covenant, it is a general rule to hold the party to state only what he has the ordinary means of knowing. [2 examples] |
Legal forms, Volume 7 Forms for covenant broken |
1815-01-01 to 1815-12-31 |
not identified |
Trespass in its most extensive acceptation at common law is any transgression of law, short of treason, felony, and misprision of treason and felony. |
Private wrongs, Volume 5 Trespass for injuries |
1815-01-01 to 1815-12-31 |
Gould, James |
are agreements to use all necessary skill is not implied unless the act to be done is the line of his professional business. |
Bailments, Volume 2 Continuation of bailments |
1815-01-01 to 1815-12-31 |
Gould, James |
This is a bailment of goods to the bailee to be carried or for some act to be done with them for a r e ward to be paid by the bailor. |
Bailments, Volume 1 Locatio operis mercium vehendarum |
1815-01-01 to 1815-12-31 |
Reeve, Tapping |
There is a rule that hearsay testimony is not admissible. Some observations on this will be of use. |
Evidence, Volume 3 Hearsay evidence |
1815-01-01 to 1815-12-31 |
Reeve, Tapping |
Evidence by Judge Reeve |
Evidence, Volume 2 Title page half |
1815-01-01 to 1815-12-31 |
Reeve, Tapping |
General rules of evidence 67; Of persons incompetent by reason of a want of discretion 75; Of persons incompetent by reason of the infamy of their character 76 |
Evidence, Volume 2 Contents of evidence |
1815-01-01 to 1815-12-31 |
Gould, James |
Of common carriers. A common carrier is one who makes it his business to carry the goods of other for hire, as a common waggoner, a common porter, common ferryman, when paid for |
Bailments, Volume 1 Public bailees |
1815-01-01 to 1815-12-31 |
Reeve, Tapping |
The cardinal rule of evidence is that the best evidence the nature of the case admits of is to be produced. |
Evidence, Volume 2 General rules of evidence |
1815-01-01 to 1815-12-31 |
not applicable |
No. 1. A complaint for not training &c on the Mass Acts of June 22,1793, Feb. 24, 1796 and March 4, 1800. [4 examples] |
Legal forms, Volume 7 On statutes |
1815-01-01 to 1815-12-31 |
not identified |
Replevin |
Title Page, Volume 5 Replevin |
1815-01-01 to 1815-12-31 |
Reeve, Tapping |
I will fist consider it at Common Law. The courts of chancery know not directly any such thing as getting at testimony, except by witnesses viva voce. |
Evidence, Volume 3 Manner of getting testimony |
1815-01-01 to 1815-12-31 |
Reeve, Tapping |
As to the number of witnesses necessary, the common law says that no particular number is necessary, but may be as good as a thousand. |
Evidence, Volume 3 Number of witnesses |
1815-01-01 to 1815-12-31 |
not identified |
In England, replevin is a redelivery to the owner by legal process of cattle or goods distrained for any cause on security given to try the right and to redeliver |
Private wrongs, Volume 5 Replevin definition |
1815-01-01 to 1815-12-31 |
Reeve, Tapping |
The first class of persons who are incompetent as witnesses is that where there is want of discretion in t he witnesses, as idiots and lunatics. |
Evidence, Volume 2 Persons incompetent by want of discretion |
1815-01-01 to 1815-12-31 |
Reeve, Tapping |
This is by a [blank] or subpoena issued by the court and signed by the proper officer as justice of the peace, and to lay the witness under obligation to come, you must tender |
Evidence, Volume 3 Mode of compelling witnesses to appear |
1815-01-01 to 1815-12-31 |
not applicable |
Writ of error in the Courts of the U.S. (seal) The President of the U.S. to the Judges of the Circuit Court of the U.S. in and for the district of Mass. Greeting. |
Legal forms, Volume 7 Forms for writ of error |
1815-01-01 to 1815-12-31 |
Reeve, Tapping |
The next class of persons incompetent to be come witnesses are those who are excluded through infamy of character. |
Evidence, Volume 2 Persons incompetent by infamy |
1815-01-01 to 1815-12-31 |
Reeve, Tapping |
I shall now take notice of written evidence. In most of those cases where written evidence is the proper evidence, parol testimony is property excluded. |
Evidence, Volume 3 Written evidence |
1815-01-01 to 1815-12-31 |
not identified |
In England, a justification must be pleaded in case of a battery, so in other cases of trespass. |
Private wrongs, Volume 5 Pleadings |
1815-01-01 to 1815-12-31 |
Gould, James |
The liability of innkeepers for the goods of their guests. A delivery of goods by a guest to an innkeeper appears to fall under the present head of bailment. |
Bailments, Volume 1 Innkeepers as bailees |
1815-01-01 to 1815-12-31 |
Reeve, Tapping |
The next class of witnesses or persons excluded from witnesses are those excluded on account of their principles. |
Evidence, Volume 2 Persons incompetent for their principles |
1815-01-01 to 1815-12-31 |
Gould, James |
This is a delivery of goods to the bailor to carry or do some act about them gratuitously. This was the species of bailment in the case of Coggs vs. Barnard. |
Bailments, Volume 1 Mandatum |
1815-01-01 to 1815-12-31 |
Reeve, Tapping |
The next class of persons excluded from being witnesses are those who are interested. |
Evidence, Volume 3 Persons incompetent because of interest |
1815-01-01 to 1815-12-31 |
Gould, James |
Contents Mr. Gould's opinion on the bail-piece 1; Bailments (first part) 17 |
Bailments, Volume 1 Table of contents |
1815-01-01 to 1815-12-31 |
not identified |
No. VI. Contents Continuation of Private Wrongs. |
Private wrongs, Volume 6 Contents |
1815-01-01 to 1815-12-31 |
not applicable |
No. II. Contents. Continuation of bailments page 1; Evidence 67. |
Bailments, Volume 2 Table of contents |
1815-01-01 to 1815-12-31 |
not applicable |
Contents Continuation of Evidence Page 1 |
Evidence, Volume 3 Contents |
1815-01-01 to 1815-12-31 |
not applicable |
Forms of declarations |
Legal forms, Volume 7 Title page |
1815-01-01 to 1815-12-31 |
not applicable |
Continuation of evidence Page 1; Of persons incompetent by reason of their own interest in the cause 2; Of persons incompetent by reason of their relation to the parties 41; |
Evidence, Volume 3 Table of contents |
1815-01-01 to 1815-12-31 |
not applicable |
Continuation of bailments 1; In what cases the bailee has a lien upon the goods of the bailor 7; How the rights of strangers are affected by bailments 14; |
Bailments, Volume 2 Contents of bailments |