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William Key Bond Chillicothe Ohio Nov. 1814 |
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not applicable |
William K. Bond Litchfield Conn't 1812 Lecture on Law delivered By the Honble Tapping Reeve and James Gould, Esq. At Litchfield, Connecticut A(nno) Dom(ini) 1811 and 1812 Vol. III |
Volume 3 title page |
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not applicable |
Wm. Key Bond Annapolis Maryland 1 July 1812 |
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not applicable |
Wm. Key Bond Chillocothe Ohio Dec. 1814 |
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not applicable |
Wm. Key Bond Chillicoth Ohio Nov. 1814 |
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Melancholy and untrue is the picture which they draw of the legal study who represent its prominent features to be those of subtlety and impudence, and of a labour dry and barren. |
Volume 1 Inscription |
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not applicable |
Wm. Key Bond 1814 Lectures on Law Delivered By The Honble Tapping Reeve and James Gould Esquire At Litchfield Connecticut An(no) Dom(ini) 1811 & 1812 Vol II |
Volume 2 title page |
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William Key Bond 1814
Lectures on Law Delivered by the Honble Tapping Reeve and James Gould Esquire at Litchfield Connecticut An.Dom 1811 & 1812 Vol. I |
Volume 1 Title page |
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not applicable |
Injuries And Remedies to Things Real. Trespass Ouster Waste Ejectment |
Title Page, Volume 5 Half title page |
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not applicable |
Contents 1 Vol. Page
Municipal Law 1
Baron and Feme 69
Parent and Child 217
Guardian and Ward 313
Master and Servant 337
Exec'ors and Adm'ors 405 |
Volume 1 Table of contents |
1810-01-01 to 1811-12-31 |
Gould, James |
An application for a New Trial is always upon motion; that is a rule to show cause, why the option should not be granted. |
New trials, Volume 3 No. 1 New trials |
1810-01-01 to 1811-12-31 |
Gould, James |
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New trials, Volume 3 New trials |
1810-01-01 to 1811-12-31 |
not applicable |
Wm. Key Bond 1814 Lecture on Law Delivered By The Honble Tapping Reeve and James Gould Esquire At Litchfield Connecticut Anno Domini 1811 & 1812 Vol. V. |
Title Page, Volume 5 title page |
1811-01-01 to 1811-12-31 |
Gould, James |
Defects or incompetency in the Jury or Jurors are good causes for New Trials |
New trials, Volume 3 No. 2 New trials |
1811-01-01 to 1811-12-31 |
Gould, James |
Under our law a mistake in the Counsel of pleading a wrong plea is ground for a new trial. |
New trials, Volume 3 No. 3 New trials |
1811-01-01 to 1811-12-31 |
Gould, James |
In proceeding on this subject, Mr. Gould observes that the principles must be the same in all places: but the mode of carrying them into execution is different in England and different in all the States. |
Volume 3 No. 1 Writs of error, Writs of error |
1811-01-01 to 1811-12-31 |
Gould, James |
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Volume 3 Writs of error, Writs of error |
1811-01-01 to 1811-12-31 |
Gould, James |
When a judgment is reversed for the Plaintiff in error who was Defendant in the original action, the general rule is that the Court above render the same judgment which the court below might have done. |
Volume 3 No. 2 Writs of error, Writs of error |
1811-01-01 to 1811-12-31 |
Gould, James |
'Tis a rule in assigning error that you can never assign anything that contradicts the record. |
Volume 3 No. 3 Writs of error, Writs of error |
1811-01-01 to 1811-12-31 |
Gould, James |
Cases exemplifying the effects of an affirmance or reversal of judgment in Writs of error. |
Volume 3 No. 4 Writs of error, Writs of error |
1811-01-01 to 1811-12-31 |
not identified |
A Bill of Exception is a statement of facts, and of some interlocutory judgment founded on them, annexed to the Record for the purpose of laying a foundation for a writ of Error. |
Bills of exception, Volume 3 No. 1 Bills of exception |
1811-01-01 to 1811-12-31 |
not identified |
Evidence is that which demonstrates, making clear or ascertaining, the truth of any fact or point issued, either on the one side or on the other. |
Evidence, Volume 3 No. 1 Evidence |
1811-01-01 to 1811-12-31 |
not identified |
Of persons incompetent by reason of the Infamy of their character. Some persons by reason of their infamy become incompetent altogether. |
Evidence, Volume 3 No. 2 Evidence |
1811-01-01 to 1811-12-31 |
not identified |
4th Persons incompetent by reason of their interest in the case. The general rule is, that all persons interested in the event of the suit are excluded. |
Evidence, Volume 3 No. 3 Evidence |
1811-01-01 to 1811-12-31 |
not identified |
Persons incompetent by reason of their relation to the parties. There are very few rules under this head. |
Evidence, Volume 3 No. 4 Evidence |
1811-01-01 to 1811-12-31 |
not identified |
As to patent ambiguity: These are not to be explained by parol proof. |
Evidence, Volume 3 No. 5 Evidence |
1811-01-01 to 1811-12-31 |
not identified |
Witnesses free from arrest. The person of a witness is free from arrest when going to, staying at or returning from the place of trial. |
Evidence, Volume 3 No. 6 Evidence |
1811-01-01 to 1811-12-31 |
not identified |
There is an exception to this rule in the case of "Privy in estate." |
Evidence, Volume 3 No. 7 Evidence |
1811-01-01 to 1811-12-31 |
not identified |
Public evidences not of Record. These writing are of various kinds, as to some kinds, and some of them are considered of so much authority. |
Evidence, Volume 3 No. 8 Evidence |
1811-01-01 to 1811-12-31 |
not identified |
Depositions: These usually come from the Courts of Chancery, though not always. |
Evidence, Volume 3 No. 9 Evidence |
1811-01-01 to 1811-12-31 |
not identified |
Proceedings of Foreign Courts. The judgment or sentence of a foreign court is received as evidence of the right it establishes, or fact directly found by it. |
Evidence, Volume 3 No. 10 Evidence |
1811-01-01 to 1811-12-31 |
not identified |
Private Written Evidence. As to the kinds of evidence, the rule is the original, if in existence, and in the power of the party, must always be produced. |
Evidence, Volume 3 No. 11 Evidence |
1811-01-01 to 1811-12-31 |
not identified |
It is difficult to ascertain the general powers of a Court of Chancery because the objects of its Jurisdiction are so various. |
Chancery, Volume 3 No. 1 Powers of chancery |
1811-01-01 to 1811-12-31 |
not identified |
And the reason why a court of law has not this power is if a party were compellable in a court of law to make disclosure, he might be liable to a penalty. |
Chancery, Volume 3 No. 2 Powers of chancery |
1811-01-01 to 1811-12-31 |
not identified |
From the rule that such an agreement as this between Husband and Wife may be enforced in Chancery, it follows that when 'tis thus enforced, the wife may in most cases, dispose of it as a feme sole. |
Chancery, Volume 3 No. 3 Powers of chancery |
1811-01-01 to 1811-12-31 |
not identified |
First, a specific performance will not always be enforced in Chancery, although in Law, damages would be given for non-performance. |
Chancery, Volume 3 No. 4 Powers of chancery |
1811-01-01 to 1811-12-31 |
not identified |
There is an exception to the rules where fraud is mixed with damages. |
Chancery, Volume 3 No. 5 Powers of chancery |
1811-01-01 to 1811-12-31 |
not identified |
'Tis a rule in equity where a party claiming a specific performance of an agreement, has for many years, permitted it to be without insisting on it, he is entitled to a decree for specific performance |
Chancery, Volume 3 No. 6 Powers of chancery |
1811-01-01 to 1811-12-31 |
not identified |
If in executing articles to convey, the same words are used as to A for life, the remainder to the Heirs of his body. |
Chancery, Volume 3 No. 7 Powers of chancery |
1811-01-01 to 1811-12-31 |
not identified |
Penalties. Chancery will not in general suffer any advantage to be taken of a penalty. |
Chancery, Volume 3 No. 8 Powers of chancery |
1811-01-01 to 1811-12-31 |
not identified |
Of the power of chancery to set aside agreements in certain cases. When Chancery does exercise this power, the relief which if affords is specific. |
Chancery, Volume 3 No. 9 Powers of chancery |
1811-01-01 to 1811-12-31 |
not identified |
Of the power of chancery to issue Injunctions. An injunction is a prohibitory writ. |
Chancery, Volume 3 No. 10 Powers of chancery |
1811-01-01 to 1812-12-31 |
not applicable |
Wm. Key Bond Chillicothe Ohio Nov. 1814 |
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1811-01-01 to 1812-12-31 |
not applicable |
Wm. Key Bond 1814 Lectures on Law Delivered By the Honble Tapping Reeve and James Gould Esquire At Litchfield Connecticut Anno Domini: 1811 & 1812 Vol. IV |
Title Page, Volume 4 title page |
1811-09-01 to 1811-09-30 |
Gould, James |
Declaration. This brings the foundation of the Suit. It must show always, all that is essential to the Plaintiff's right of action |
Pleas & pleadings, Volume 3 No. 3 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
Joinder of parties in one Declaration. Joinder of the plaintiffs. 'Tis a general rule, that where two or more persons are jointly interested in one right, they may and ought to join in an action |
Pleas & pleadings, Volume 3 No. 4 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
Several trespasses committed with force may be joined in the same declaration. |
Pleas & pleadings, Volume 3 No. 5 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
Pleas to the action or pleas in Bar. A plea in bar is one which denies the Plaintiff's right to recover or his right to action. |
Pleas & pleadings, Volume 3 No. 13 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
Modo et forma. Every issue in fact regularly contains the words "modo et forma," or in manner and form. |
Pleas & pleadings, Volume 3 No. 14 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
But the rule as to action of assumpsit is generally true, yet it settled that the Statute of Limitation, Tender, Sett off, Accord and Satisfaction Bankruptcy cannot be given in evidence under the General issues in an action of assumpsit. |
Pleas & pleadings, Volume 3 No. 15 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
There is another kind of plea, viz't, one stating special facts, tending to prove the general issue. |
Pleas & pleadings, Volume 3 No. 16 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
A novel or new assignment is defined to be a more particular statement in the replication of something stated generally in the Declaration. |
Pleas & pleadings, Volume 3 No. 17 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
There are two modes of denying an allegation: 1st by a technical traverse, 2nd by way of a positive and direct denial. |
Pleas & pleadings, Volume 3 No. 18 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
'Tis a general rule that there can't be a traverse upon a traverse. |
Pleas & pleadings, Volume 3 No. 19 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
In general, protestation does not avail the party, if the issue is found against him. |
Pleas & pleadings, Volume 3 No. 20 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
There has been much speculation with regard to the proper office of an inducement, and about traversing an inducement. |
Pleas & pleadings, Volume 3 No. 21 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
Duplicity. This is a fault in all pleadings and 'tis not true, though it is sometimes said, not to be a a fault in dilatory pleas. |
Pleas & pleadings, Volume 3 No. 22 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
Profert and Oyer. 'Tis a general rule of Common Law, that where a party declares or pleads a deed and making title under it, he must make "profert" of it. |
Pleas & pleadings, Volume 3 No. 23 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
Departure in pleading. This is the declaration or abandonment of a former defence or claim for one that is distinct from it and one that does not tend to fortify it. |
Pleas & pleadings, Volume 3 No. 24 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
The effect of Demurrer. In civil cases, judgment on demurrer, unless to dilatory pleas, is peremptory, (i.e.) final |
Pleas & pleadings, Volume 3 No. 25 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
Of Demurrer to Evidence. This demurrer to evidence is a proceeding of much nicety yet rational. |
Pleas & pleadings, Volume 3 No. 26 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
Of arrest of judgment and repleader. To arrest judgment is to stop or stay it (i.e.) to prevent it being rendered. |
Pleas & pleadings, Volume 3 No. 27 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
If a grant of an advowson is laid, without laying it to have been by deed, the verdict cures this for a grant of an advowson can't be by parol. |
Pleas & pleadings, Volume 3 No. 28 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
Repleader awarded. Pleading begins de novo at that stage, where the first deviation from the rules of pleading occurred. |
Pleas & pleadings, Volume 3 No. 29 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
It has been mentioned that in England, the causes of arresting judgment are intrinsic, but in Connecticut judgment may be arrested for extrinsic causes. |
Pleas & pleadings, Volume 3 No. 30 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
It was observed in the last lecture, that actions of the same kind might be consolidated by the Court, and also that costs must be paid by the Defendant up to the time of Consolidation. |
Pleas & pleadings, Volume 3 No. 6 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
2nd Dilatory pleas of the second kind are pleas to the disability of the Plaintiff. |
Pleas & pleadings, Volume 3 No. 7 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
The third kind of Dilatory pleas are pleas in "abatement." The word "abatement" in law denotes prostration. |
Pleas & pleadings, Volume 3 No. 8 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
A second cause of abatement is Coverture. But if a feme sole, while a suit is pending against her, marry, the suit does not abate. |
Pleas & pleadings, Volume 3 No. 9 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
Another cause of abatement is the misjoinder or non-joinder of the parties. |
Pleas & pleadings, Volume 3 No. 10 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
6th Pendency of prior suit. The is another cause of abatement, (i.e.) for the same thing between the same parties. |
Pleas & pleadings, Volume 3 No. 11 Pleas & pleadings |
1811-09-01 to 1811-09-30 |
Gould, James |
Pleas in abatement regularly begin and conclude to the writ, or as the case may be, to the Declaration. |
Pleas & pleadings, Volume 3 No. 12 Pleas & pleadings |
1811-11-12 to 1811-11-30 |
Gould, James |
Again if a grant is made to a Sole Corporation, according to Blackstone and Littleton, the inheritance is in abeyance. |
Real property & mortgages, Volume 4 No. 2 Real property |
1811-11-12 to 1811-11-30 |
Gould, James |
If a devise is made to the Heirs of A, this devise conveys no estate till the death of A. |
Real property & mortgages, Volume 4 No. 3 Real property |
1811-11-12 to 1811-11-30 |
Gould, James |
As the word "Heirs" is necessary to create a fee of any kind, by grant, so the word "body" is necessary to create a fee tail by grant. |
Real property & mortgages, Volume 4 No. 4 Real property |
1811-11-12 to 1811-11-30 |
Gould, James |
Incidents of a Life Estate. These are applicable as well to conventional as to legal estates for life. |
Real property & mortgages, Volume 4 No. 5 Real property |
1811-11-12 to 1811-11-30 |
Gould, James |
By the Common Law, dower must be assigned to the widow before she can be said to have it. |
Real property & mortgages, Volume 4 No. 6 Real property |
1811-11-19 |
Gould, James |
Introduction. By the word "things" in the Common Law is meant the subject of property, i.e., the things in which one may have an interest. |
Real property & mortgages, Volume 4 No. 1 Real property |
1812-01-01 to 1812-12-31 |
Gould, James |
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Pleas & pleadings, Volume 3 Pleas & pleadings |
1812-01-01 to 1812-12-31 |
Gould, James |
Introduction. Pleadings are defined to be the mutual altercations between the Plaintiff and Defendant in a suit put into legal form and set down in writing. |
Pleas & pleadings, Volume 3 No. 1 Pleas & pleadings |
1812-01-01 to 1812-12-31 |
not identified |
Of the different kinds of guardians, their rights & duties. A guardian is a term for any parent, (i.e.) a person in loco parentis during the child's minority. |
Guardian & Ward, Volume 1 Guardian & ward Lecture 1 |
1812-01-01 to 1812-12-31 |
not identified |
Under the law there is no Guardian in Chivalry, in Socage, by testament, by custom, by appointment or church or ecclesiastical court. |
Guardian & Ward, Volume 1 Guardian & ward Lecture 2 |
1812-01-01 to 1812-12-31 |
not identified |
Settlement of infants. Settlement is acquire several ways. First, by birth. |
Guardian & Ward, Volume 1 Guardian & ward Lecture 3 |
1812-01-01 to 1812-12-31 |
not identified |
A servant is one who is subject to the personal authority of another. |
Master & Servant, Volume 1 Master & servant Lecture 1 |
1812-01-01 to 1812-12-31 |
not identified |
It is a question whether an illegitimate Child can be a slave by birth if it should live and be raised. |
Master & Servant, Volume 1 Master & servant Lecture 2 |
1812-01-01 to 1812-12-31 |
not identified |
Tis a rule of the common law that a Master can not assign his apprentice, for 'tis a contract founded on a special confidence in the master: the trust is fiduciary. |
Master & Servant, Volume 1 Master & servant Lecture 3 |
1812-01-01 to 1812-12-31 |
not identified |
Menial Servants. These are Domestics from being intra moenia. |
Master & Servant, Volume 1 Master & servant Lecture 4 |
1812-01-01 to 1812-12-31 |
not identified |
This class of servants consists of Debtors assigned in Service. Such servants are unknown to the common law. |
Master & Servant, Volume 1 Master & servant Lecture 5 |
1812-01-01 to 1812-12-31 |
not identified |
Those acts not done by the command of the Master either express or implied, are not regularly deemed the act of the Master. |
Master & Servant, Volume 1 Master & servant Lecture 6 |
1812-01-01 to 1812-12-31 |
not identified |
From the analogy of Master and for servant there have been two attempts made in England to subject the Post Master; but it is settled that he is not liable. |
Master & Servant, Volume 1 Master & servant Lecture 7 |
1812-01-01 to 1812-12-31 |
not identified |
The Servant himself is regularly not liable for the Contracts |
Master & Servant, Volume 1 Master & servant Lecture 8 |
1812-01-01 to 1812-12-31 |
not identified |
An action of Indebitatus assumpsit for money had and received will not lie against an officer of the Revenue. |
Master & Servant, Volume 1 Master & servant Lecture 9 |
1812-01-01 to 1812-12-31 |
Gould, James |
Bailment is the delivery of goods in a contract express or implied that the shall be restored to the Bailor when the purpose for which they were bailed is accomplished, or answered, or they shall be dealt with agreeably to the Bailor's request. |
Bailments, Volume 2 Bailment |
1812-01-01 to 1812-12-31 |
Gould, James |
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Sheriff & Gaoler, Volume 2 Under sheriffs jailors and bailiffs |
1812-01-01 to 1812-12-31 |
Gould, James |
1st As to the nature of the sheriff's officers and 2nd as to the manner of appointing them. |
Sheriff & Gaoler, Volume 2 No. 1 Sheriffs |
1812-01-01 to 1812-12-31 |
Gould, James |
1. As to the bailing lien upon the goods bailed. A lien properly so called, exists only as to the 4th and 5th class of Bailment. |
Bailments, Volume 2 Bailment some general rules |
1812-01-01 to 1812-12-31 |
Gould, James |
A bailer regularly can maintain action against the Bailee, but an action in the case for negligence, trover for converting to use, or in either case assumpsit in an implied promise. |
Bailments, Volume 2 Bailment general rules |
1812-01-01 to 1812-12-31 |
Gould, James |
Inns are Public houses for the entertainment of strangers or travellers. The keeper of the house is called the Host and the person entertained, the Guest. |
Inns & Innkeepers, Volume 2 Inns & innkeepers |
1812-01-01 to 1812-12-31 |
Reeve, Tapping |
A contract is simply an agreement between two or more persons upon sufficient consideration to do or not to do a particular thing. |
Contracts, Volume 2 Contracts |
1812-01-01 to 1812-12-31 |
Gould, James |
A known officer is not bound to show his writ before he levies it, even though requested by the Defendant himself. |
Sheriff & Gaoler, Volume 2 No. 3 Sheriffs |
1812-01-01 to 1812-12-31 |
Gould, James |
A person lawfully arrested and by due course of law restrained of his liberty escapes, when he secretly or forcefully evades such restraint or is set at liberty by the officer. |
Sheriff & Gaoler, Volume 2 No. 4 Sheriffs |
1812-01-01 to 1812-12-31 |
Gould, James |
There must be an arrest actually and regularly made or there can be no escape. |
Sheriff & Gaoler, Volume 2 No. 5 Sheriffs |
1812-01-01 to 1812-12-31 |
Gould, James |
First debt. By the word Debt in its Legal acceptation is meant a certain sum of money due by Contract. Mr. Gould conceiving that although it is usual, it is not always necessary, as laid down by Justice Blackstone in his Commentaries, that there should always be an express contract. |
Action for debt, Volume 2 Actions on contracts: debt |
1812-01-01 to 1812-12-31 |
Gould, James |
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Contracts, Volume 2 Actions on contracts |
1812-01-01 to 1812-12-31 |
Gould, James |
Secondly Detinue. Dentinue if a Common law action, which lies for the recovery of a specific chattel and in this respect, is in effect in the nature of a bill in Chancery. |
Action of detinue, Volume 2 Actions on contracts: dentinue |
1812-01-01 to 1812-12-31 |
Gould, James |
Thirdly Account. Account is an action founded upon a Contract express or implied that one who has received property to account for it to another, will render his account of it. |
Action of account, Volume 2 Actions on contracts: account |
1812-01-01 to 1812-12-31 |
Gould, James |
In actions founded on contract, a request by the plaintiff is always necessary at Common Law; but in many cases, such request may be by suit only, which is then considered as the request itself. |
Notice & request, Volume 2 Actions on contracts: notice & request |
1812-01-01 to 1812-12-31 |
Gould, James |
Fourth Covenant. Covenants, Contracts, and agreements are often used as synonymous words but they are clearly no so, in the opinion of Mr. Gould. |
Action for covenant broken, Volume 2 Actions on contracts: covenant |
1812-01-01 to 1812-12-31 |
Gould, James |
Of the difference between the Law of Escape on Mesne and final process. |
Sheriff & Gaoler, Volume 2 No. 6 Sheriffs |
1812-01-01 to 1812-12-31 |
Gould, James |
After the Defendant is arrested and committed on Mesne process, rescue is no escape, unless it be by public enemies. |
Sheriff & Gaoler, Volume 2 No. 7 Sheriffs |
1812-01-01 to 1812-12-31 |
Gould, James |
Promises which lay a foundation for an action are of two kinds: viz't, 1st such as are "espress" 2nd such as are implied. |
Assumpsit, Volume 2 Actions on contracts: assumpsit |
1812-01-01 to 1812-12-31 |
Gould, James |
Slander consists in maliciously defaming a person 1st by words, written or spoken, which tend to injure him. |
Private wrongs, Volume 5 Slander |
1812-01-01 to 1812-12-31 |
Gould, James |
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Private wrongs, Volume 5 Private wrongs |
1812-01-01 to 1812-12-31 |
Gould, James |
This is a good defence in all cases where there is a Debt certain to be performed. |
Tender, Volume 2 Defences to actions: tender |
1812-01-01 to 1812-12-31 |
Gould, James |
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Defenses to action, Volume 2 Defences to actions founded on contracts |
1812-01-01 to 1812-12-31 |
Gould, James |
As to the nature of slander by writing, whatever words would be actionable if spoken, are clearly so when written. |
Private wrongs, Volume 5 Slander by writing or libel |
1812-01-01 to 1812-12-31 |
Gould, James |
This action of Trover originally lay only in cases where one found of and refused to deliver on demand but converted them. |
Private wrongs, Volume 5 Action of trover |
1812-01-01 to 1812-12-31 |
Gould, James |
'Tis a universal rule that a legal award is a bar to a suit of award on the original cause of action submitted. |
Award, Volume 2 Defences to actions: award |
1812-01-01 to 1812-12-31 |
Gould, James |
Assault is an attempt or offer to do a corporal hurt to another by force without touching, ex. lifting a weapon or fist in a threatening manner. |
Private wrongs, Volume 5 Action of assault & battery |
1812-01-01 to 1812-12-31 |
Gould, James |
In England, replevin is a redelivery to the owner by legal process of the goods distressed for any cause on security |
Replevin, Volume 5 Action of replevin |
1812-01-01 to 1812-12-31 |
Gould, James |
If the Sheriff permit a voluntary escape in the case of a felon, he himself is punishable as a felon. |
Sheriff & Gaoler, Volume 2 No. 8 Sheriffs |
1812-01-01 to 1812-12-31 |
Gould, James |
This is a defence to all personal action of torts, and on Common Law principles to all action except one in Connecticut to all. |
Accord & satisfaction, Volume 2 Defences to actions: accord & satisfaction |
1812-01-01 to 1812-12-31 |
Gould, James |
Infancy. Infancy is a good defence prima facie against all contracts. |
Defenses to action, Volume 2 Defences to actions: infancy |
1812-01-01 to 1812-12-31 |
Gould, James |
Feme Covert. Coverture is a defence generally in all contracts. |
Defenses to action, Volume 2 Defences to actions: coverture |
1812-01-01 to 1812-12-31 |
Gould, James |
The principle of the Statute of Limitations seems to have been misconceived. Tis not easy to collect from elementary writers what the proper governing principle is. |
Statute of limitations, Volume 2 Defences to actions: statute of limitations |
1812-01-01 to 1812-12-31 |
Gould, James |
Every unlawful restraint of one's liberty, or rather every violation of one's right of locomotion is false imprisonment. |
Private wrongs, Volume 5 Action of trespass vi et armis |
1812-01-01 to 1812-12-31 |
Gould, James |
Book debt. If part of a Book debt is barred an part is not by the Statute and there is a payment made, it shall apply to that part of the debt. |
Defenses to action, Volume 2 Defences to actions: book debt |
1812-01-01 to 1812-12-31 |
Gould, James |
Duress. This is a good defence to contracts in all cases. A contract, ever so righteous, if obtained by Duress, will be void. |
Defenses to action, Volume 2 Defences to actions: duress |
1812-01-01 to 1812-12-31 |
Gould, James |
Idiocy. Idiocy and want of sound understanding. In Connecticut we have a different rule from the Common Law. |
Defenses to action, Volume 2 Defences to actions: idiocy |
1812-01-01 to 1812-12-31 |
Gould, James |
This defence was unknown to the Common Law except by the custom of London. |
Foreign attachment, Volume 2 Defences to actions: foreign attachments |
1812-01-01 to 1812-12-31 |
Gould, James |
Composition with Creditors. a man who is a bankrupt may make a composition with his creditors. |
Defenses to action, Volume 2 Defences to actions: composition with creditors |
1812-01-01 to 1812-12-31 |
Gould, James |
Illegality. If there is any illegality in the Contract, no matter from what it arises, it is always a good defence. |
Defenses to action, Volume 2 Defences to actions: illegality |
1812-01-01 to 1812-12-31 |
Gould, James |
This action is to recover damages against one who has preferred an indictment or other prosecution or brought an action against the plaintiff from a corrupt motive. |
Malicious prosecution, Volume 5 Action for malicious prosecution |
1812-01-01 to 1812-12-31 |
Gould, James |
Trespass in its most extensive acceptation at Common Law is any transgression of law short of treason and felony. |
Private wrongs, Volume 5 Action of trespass vi et armis |
1812-01-01 to 1812-12-31 |
Gould, James |
Of the Sheriff's liability for false returns. If a sheriff make a false return on a writ, he liable to an action of "Trespass on the case." |
Sheriff & Gaoler, Volume 2 No. 9 Sheriffs |
1812-01-01 to 1812-12-31 |
Gould, James |
Action of trespass on the case arising ex delicto for injuries to the person and personal property. |
Trespass on the case, Volume 5 Trespass on the case |
1812-01-01 to 1812-12-31 |
Gould, James |
This is a prerogative writ issuing in England from the Court of Kings Bench and answers in some degree in its effect to the specific relief afforded in Chancery. |
Prerogative writs, Volume 5 Writ of mandamus |
1812-01-01 to 1812-12-31 |
Gould, James |
This is a prerogative writ issuing generally from the Kings Bench to prevent inferior courts from deciding cases out of their jurisdiction. |
Prerogative writs, Volume 5 Writ of prohibition |
1812-01-01 to 1812-12-31 |
Gould, James |
If a creditor voluntarily discharge a debtor taken in execution whether he has been committed or not, he can never after enforce the judgment. |
Sheriff & Gaoler, Volume 2 Miscellaneous rules |
1812-01-01 to 1812-12-31 |
Gould, James |
This is a writ by which a person restrained of his liberty may be brought before some Superior Court for some special purpose. |
Habeas corpus, Volume 5 Writ of habeas corpus |
1812-01-01 to 1812-12-31 |
Gould, James |
Of the liability of Sheriffs for the acts and defaults of their deputies. The deputy being viewed as the servant of the Sheriff, |
Sheriff & Gaoler, Volume 2 No. 2 Sheriffs |
1812-01-01- to 1812-12-31 |
not identified |
Of the Master's remedies against persons for injuries done to himself. |
Master & Servant, Volume 1 Master & servant Lecture 10 |
1812-01-01- to 1812-12-31 |
Reeve, Tapping |
Executors and administrators are the representatives of deceased persons, i.e., as to their personal estate and as to their duties which affect their personal estate. |
Executor & Administrators, Volume 1 Executors & administrators |
1812-01-24 |
Gould, James |
|
Real property & mortgages, Volume 4 Alienation by deed |
1812-02-01 to 1812-03-11 |
Gould, James |
An estate upon condition is one which depends upon some uncertain event by which it may be created, enlarged, or defeated. |
Real property & mortgages, Volume 4 No. 1 Estates upon condition |
1812-02-01 to 1812-03-11 |
Gould, James |
The condition of a mortgage deed is called a "defeasance" because its office is to defeat the estate. |
Real property & mortgages, Volum 4 No. 2 Mortgages |
1812-02-01 to 1812-03-11 |
Gould, James |
Mortgages., how considered in equity. At Common Law, if the condition was not strictly performed, the land vested absolutely in the mortgagee, ut ante. |
Real property & mortgages, Volume 4 Mortgages |
1812-03-05 |
Gould, James |
Trespass. They are of six kinds: Ouster, Nuisance, Waste, Subtraction, Trespass and Distturbance. |
Real property & mortgages, Volume 5 No. 1 Trespass |
1812-03-06 |
Gould, James |
Trespass. By act of Waste, Lessee at court in determining he Estate or interest, he becomes a wrongdoer and ipso facto an intruder |
Real property & mortgages, Volume 5 No. 2 Trespass |
1812-03-06 |
Gould, James |
Trespass. This action lies for an entry into another's house without lawful authority or the permission of the owner. |
Real property & mortgages, Volume 5 Lecture 3 Trespass |
1812-03-07 |
Gould, James |
Trespass. Also upon a joint contract, if you sue more than one, you must sue all, for it must be altogether joint or several. |
Real property & mortgages, Volume 5 No. 4 Trespass |
1812-03-08 |
Gould, James |
Pleadings in trespass. A general rule is, that any particular injury for which this action is brought, must be specifically alleged. |
Real property & mortgages, Volume 5 No. 5 Pleadings in trespass |
1812-03-09 |
Gould, James |
In every action sounding in tort, the general issue is "not guilty." |
Real property & mortgages, Volume 5 No. 6 Pleadings in trespass |
1812-03-10 |
Gould, James |
Pleadings in trespass. "Release" is a good plea in bar in this case. It is a written discharge of liability. |
Real property & mortgages, Volume 5 No. 7 Pleadings in trespass |
1812-03-12 |
Gould, James |
Now will be considered Ouster with its remedies. |
Real property & mortgages, Volume 5 No 8 Ouster |
1812-03-12 |
Gould, James |
Ejectment. Who can maintain this action? He who has the legal possessory title can maintain this action. |
Ejectment, Volume 5 No. 9 Ejectment |
1812-03-12 to 1812-04-13 |
Gould, James |
A Devises is a mode of alienation; and may be defined, a testamentary disposition of real property, or a disposition of real property to take effect on the death of the owner. |
Devises, Volume 4 Title to things real by purchase |
1812-03-13 |
Gould, James |
Pleadings in ejectment. The subject sued for must be described so that the Sheriff may know of what he is to deliver possession upon execution. |
Real property & mortgages, Volume 5 No. 10 Pleadings in ejectment |
1812-03-14 |
Gould, James |
In Connecticut the plaintiff having taken possession himself pending the suit, he may still recover his costs and damages. |
Ejectment, Volume 5 No. 11 Pleadings in ejectment. |
1812-03-15 |
Gould, James |
Waste is any spoil or subtractions to lands, house, trees or other corporeal heriditaments. |
Volume 5 No. 12 Waste, Waste |
1812-03-16 |
Gould, James |
A lessee may cut timber and make repairs that are necessary though he is under no obligation to make them. |
Volume 5 No. 13 Waste, Waste |
1812-03-18 |
Reeve, Tapping |
This is a law common to all countries which are commercial and is in fact the Law of [word] as it respects commerce. |
Mercantile law, Volume 5 No. 1 Lex mercatoria |
1812-03-19 |
Reeve, Tapping |
For subject of a belligerent to carry [blank space in text for word to be filled in] to another is treason, but Judge Reeve says it is no crime for a neutral to do this. |
Mercantile law, Volume 5 No. 2 Lex mercatoria |
1812-03-21 |
Reeve, Tapping |
The law as to the time when the risk ceases is very different in different countries. |
Mercantile law, Volume 5 No. 4 Lex mercatoria |
1812-03-23 |
Reeve, Tapping |
It seems to have been the practice in most countries to make the policy and leave the name of the insured blank |
Mercantile law, Volume 5 No. 5 Lex mercatoria |
1812-03-24 |
Reeve, Tapping |
It may frequently happen that vessels sail by the day and return to Port again before the voyage is finished. |
Mercantile law, Volume 5 No. 6 Lex mercatoria |
1812-03-25 |
Reeve, Tapping |
In every warranty that the property is neutral, nothing should be done by the insured to forfeit that neutrality. |
Mercantile law, Volume 5 No. 7 Lex mercatoria |
1812-03-26 |
Reeve, Tapping |
Misrepresentations. A false representation whether fraudulent or otherwise will discharge the insurer. |
Mercantile law, Volume 5 No. 8 Lex mercatoria |
1812-03-27 |
Reeve, Tapping |
Whenever liberty to touch is given, it gives privilege to touch at such port as is mentioned and the ports which the usage of the trade allows of. |
Mercantile law, Volume 5 No. 9 Lex mercatoria |
1812-03-30 |
Reeve, Tapping |
The passage of a ship from one port to another is called a voyage. |
Mercantile law, Volume 5 No. 3 Lex mercatoria |
1812-03-31 |
Reeve, Tapping |
Loss by general average. This means a general partial loss, as distinguished from a particular partial loss. |
Mercantile law, Volume 5 No. 11 Lex mercatoria |
1812-04-01 |
Reeve, Tapping |
There is no time fixed for abandonment, but it must be either a reasonable time which is construed to be the first fair opportunity which the insured have for that purpose. |
Mercantile law, Volume 5 No. 12 Lex mercatoria |
1812-04-14 to 1812-04-30 |
Reeve, Tapping |
Note: Descents form a part of the course of lectures in Real Property. But the manner in which they are treated is more by exemplification than principle, and as Judge Reeve intends publishing his lectures on this branch, until then the reader is referred to 2 Blackstone Com(mentaries) 200. |
Descents, Volume 4 Descents |
1812-04-14 to 1812-04-30 |
Gould, James |
A general view of the subject is all that will be given, as a particular one is not necessary. |
Real property & mortgages, Volume 4 Estates in possession remainder |
1812-04-14 to 1812-04-30 |
Gould, James |
There is a species of expectancy which is not strictly a remainder (though of a similar nature.) |
Real property & mortgages, Volume 4 Executory devises |
1812-04-14 to 1812-04-30 |
Gould, James |
An Estate in Reversion is the residue of an estate left in the Grantor to commence in possession after the determination of some particular estate granted by him. |
Real property & mortgages, Volume 4 Estates in reversion |
1812-04-14 to 1812-04-30 |
Gould, James |
Under former titles, estates are considered with respect to the quantity of interest in the owners and the time of their enjoyment. They are now to be treated with respect to the number of connections of their owners. |
Real property & mortgages, Volume 4 Estates in severalty |
1812-04-14 to 1812-04-30 |
Gould, James |
An estate in coparcenary is one which has descenced to two or more persons. |
Real property & mortgages, Volume 4 Estates in coparcenary |
1812-04-14 to 1812-04-30 |
Gould, James |
Tenants in Common (according to Blackstone) are those whold hold bye several and distinct titles, but by unity of possession. |
Real property & mortgages, Volume 4 Estates in common |
1812-04-14 to 1812-04-30 |
Reeve, Tapping |
It is a general rule that when risk |
Mercantile law, Volume 5 No. 13 Lex mercatoria |
1812-04-14 to 1812-04-30 |
Reeve, Tapping |
Whatever losses accrue from any internal defect or from the act of the master are born by the Bottomen who is not liable for any loss by smuggling. |
Mercantile law, Volume 5 No. 14 Lex mercatoria |
1812-04-14 to 1812-04-30 |
Reeve, Tapping |
There has been a rule adopted in [blank space left for word] call the Consolidation Rule. |
Mercantile law, Volume 5 No. 15 Lex mercatoria |
1812-04-14 to 1812-04-30 |
Reeve, Tapping |
Insurances upon Lives and Fire though they are not properly the subjects of Merc Law, will be briefly mentioned. |
Insurance, Volume 5 No. 16 Lex mercatoria |
1812-04-14 to 1812-04-30 |
Reeve, Tapping |
Who may draw Bills of Exchange. It was once thought that a Bill had not the negotiable quality unless drawn in a course of merchandize. |
Bills of exchange & promissory notes, Volume 5 No. 17 Bills of exchange |
1812-04-14 to 1812-04-30 |
Reeve, Tapping |
Illegal consideration. The consideration of a Bill cannot be enquired into after negotiation, though it may as between the parties. |
Bills of exchange & promissory notes, Volume 5 No. 18 Bills of exchange |
1812-04-14 to 1812-04-30 |
Reeve, Tapping |
Certain persons under certain circumstances are empowered by law to endorse, tho' they are not the original payees to the bill. |
Bills of exchange & promissory notes, Volume 5 No. 19 Bills of exchange |
1812-04-14 to 1812-04-30 |
Reeve, Tapping |
It is a general rule of the Merc. Law that an acceptance, once made, can never afterwards be revoked or discharged, except by the party interested. |
Bills of exchange & promissory notes, Volume 5 No. 20 Bills of exchange |
1812-04-14 to 1812-04-30 |
Reeve, Tapping |
What must be proved or rather, what is considered proof? |
Mercantile law, Volume 5 No. 21 Lex mercatoria |
1812-04-14 to 1812-04-30 |
Reeve, Tapping |
A contract is necessary between men to constitute them partners. |
Partnership, Volume 5 No. 22 Partnership |
1812-04-14 to 1812-04-30 |
Reeve, Tapping |
Suppose a partnership formed and the partners have private property. |
Partnership, Volume 5 No. 23 Partnership |
1812-04-14 to 1812-04-30 |
Reeve, Tapping |
Factorage. This is a word that is very often used to signify any agent that is employed to transact business for a person whether at home or abroad. |
Factors/agency, Volume 5 No. 24 Factorage |
1812-05-04 |
Gould, James |
Law in it's most general sense is a rule of action. Municipal law, which is now about to be treated of, is defined to be a "rule of civil conduct, prescribed by the supreme power of the state, commanding what is right and prohibiting what is wrong." |
Municipal law, Volume 1 Municipal law Lecture 1 |
1812-05-04 to 1812-05-08 |
Gould, James |
Municipal law is divided into two kinds, viz. the unwritten law, or the lex non scripta, and the written law, or the lex scripta. |
Municipal law, Volume 1 Municipal law Lecture 2 |
1812-05-04 to 1812-05-08 |
Gould, James |
It is a rule of the English Law that all Statutes go into operation the first day of that Session of Parliament in which they are enacted. |
Municipal law, Volume 1 Municipal law Lecture 3 |
1812-05-04 to 1812-05-08 |
Gould, James |
If two statutes are repugnant to each other, the later in point of date repeals the former. |
Municipal law, Volume 1 Municipal law Lecture 4 |
1812-05-04 to 1812-05-08 |
Gould, James |
But when the complete performance is made illegal by a statute |
Municipal law, Volume 1 Municipal law Lecture 5 |
1812-05-11 |
Gould, James |
If a contract given at Common Law by parol is by statute required to be in writing |
Municipal law, Volume 1 Municipal law Lecture 7 |
1812-05-12 |
Gould, James |
There is also another species of action founded on Penal Statutes. |
Municipal law, Volume 1 Municipal law Lecture 8 |
1812-05-15 |
Reeve, Tapping |
|
Baron & feme, Volume 1 Baron & Feme Lecture 1 |
1812-05-15 to 1812-06-30 |
Reeve, Tapping |
Next will be considered what interest the Husband acquires. |
Baron & feme, Volume 1 Baron & Feme Lecture 3 |
1812-05-16 |
Reeve, Tapping |
It has always been stated that if the wife die before the Husband, her choses would bo to her Executor. |
Baron & feme, Volume 1 Baron & Feme Lecture 2 |
1812-05-18 to 1812-06-30 |
Reeve, Tapping |
If a Husband and wife should be sued for a Debt, |
Baron & feme, Volume 1 Baron & Feme Lecture 6 |
1812-05-18 to 1812-06-30 |
Reeve, Tapping |
Suppose the wife elopes with an adulterer and contracts for necessaries |
Baron & feme, Volume 1 Baron & Feme Lecture 7 |
1812-05-18 to 1812-06-30 |
Reeve, Tapping |
The Husband cannot convey personal property to the Wife. |
Baron & feme, Volume 1 Baron & Feme Lecture 8 |
1812-05-18 to 1812-06-30 |
Reeve, Tapping |
Now will be mentioned the cases which it is said determine |
Baron & feme, Volume 1 Baron & Feme Lecture 9 |
1812-05-18 to 1812-06-30 |
Reeve, Tapping |
A Wife can execute a Power without her Husband. |
Baron & feme, Volume 1 Baron & Feme Lecture 10 |
1812-05-18 to 1812-06-30 |
Reeve, Tapping |
When a Debt accrues to the Wife during Coverture, as if a Note or Bond |
Baron & feme, Volume 1 Baron & Feme Lecture 11 |
1812-05-18 to 1812-06-30 |
Reeve, Tapping |
It will now be considered how far marrying in a revocation of a Will |
Baron & feme, Volume 1 Baron & Feme Lecture 12 |
1812-05-18 to 1812-06-30 |
Reeve, Tapping |
If a Wife mortgages her own lands to accommodate her Husband |
Baron & feme, Volume 1 Baron & Feme Lecture 13 |
1812-05-18 to 1812-06-30 |
Reeve, Tapping |
Divorce and Alimony. From the statute 32 Henry 8, we are to learn who may intermarry. |
Baron & feme, Volume 1 Baron & Feme Lecture 14 |
1812-05-18 to 1812-06-30 |
Reeve, Tapping |
It hardly seems consistent with Justice that Contracts which repeat ordinary affairs should be void, or treated as void. |
Baron & feme, Volume 1 Baron & Feme Lecture 15 |
1812-05-18 to 1812-06-30 |
Reeve, Tapping |
After enacting the Statute of Distributions, a question arises whether the husband must distribute to the next of kin as other administrators do? To settle this question, 29 Charles 2nd was enacted. |
Baron & feme, Volume 1 Baron & Feme Lecture 16 |
1812-05-18 to 1812-06-30 |
Reeve, Tapping |
All the cases of contracts where the Husband is permitted to join when he might have sued alone are cases of express promises to the wife. |
Baron & feme, Volume 1 Baron & Feme Lecture 17 |
1812-05-18 to 1812-06-30 |
Reeve, Tapping |
It will next be considered what portion the Wife has out of the Husband's |
Baron & feme, Volume 1 Baron & Feme Lecture 4 |
1812-05-18 to 1812-06-30 |
Reeve, Tapping |
It has already been observed that the wife must join in the |
Baron & feme, Volume 1 Baron & Feme Lecture 5 |
1812-05-19 |
Gould, James |
The principles of this branch of the law are so simple that very little more will be given than what may be found in the books on this subject. |
Public wrongs, Volume 5 Public wrongs |
1812-05-30 |
Reeve, Tapping |
This is peculiarly mercantile. When goods are sold and delivered to the order of the vendee |
Stoppage in transitu, Volume 5 No. 25 Stoppage of goods |
1812-05-8 |
Gould, James |
Of pleading statutes and the mode of prosecuting |
Municipal law, Volume 1 Municipal law Lecture 6 |
1812-06-01 to 1812-06-30 |
not identified |
The title will include that of Guardian and Ward according to the Common Law and our own. A minor or infant is a person, male or female under the age of twenty-one years. |
Parent & child, Volume 1 Parent & child Lecture 1 |
1812-06-01 to 1812-06-30 |
not identified |
Of the Infants liability for Contract, and certain other particulars. At common law, the age for choosing guardians in both cases in fourteen. |
Parent & child, Volume 1 Parent & child Lecture 2 |
1812-06-01 to 1812-06-30 |
not identified |
An Infant can not bind himself in every way or form that an adult can, even for necessaries. |
Parent & child, Volume 1 Parent & child Lecture 3 |
1812-06-01 to 1812-06-30 |
not identified |
What contracts, made by an Infant, are void and what merely voidable |
Parent & child, Volume 1 Parent & child Lecture 4 |
1812-06-01 to 1812-06-30 |
not identified |
It was observed in the last lecture the the voidable Contracts of an Infant could be taken advantage of only by the Infant. |
Parent & child, Volume 1 Parent & child Lecture 5 |
1812-06-01 to 1812-06-30 |
not identified |
What Powers an Infant may execute. A power, as used in law, is an authority conferred by one person on another in relation to some right or interest of him. |
Parent & child, Volume 1 Parent & child Lecture 6 |
1812-06-01 to 1812-06-30 |
not identified |
It is a general rule that Infants are bound by the Statute of Limitations, unless saved by a proviso. Statutes of limitation are in the nature of conditions annexed to a right |
Parent & child, Volume 1 Parent & child Lecture 7 |
1812-06-01 to 1812-06-30 |
not identified |
Parents and Children: The enquiry under this head renders it necessary to consider the difference between legitimate and illegitimate children. |
Parent & child, Volume 1 Parent & child Lecture 8 |
1812-06-01 to 1812-06-30 |
not identified |
The rights of a bastard are only such as can be acquired, for he can inherit nothing, being called "nullius filius" or |
Parent & child, Volume 1 Parent & child Lecture 9 |
1812-09-01 to 1812-09-30 |
Gould, James |
General view. Writ. It was Called "Breve" in days of yore because it was briefly stating the cause of complaints. |
Pleas & pleadings, Volume 3 No. 2 Pleas & pleadings |