Birth Date:
1789-11-27
Death Date:
1855-03-20
Litchfield Ledger:
Notes:
2 volumes; volume 1 is bound in full calf, pages are not numbered; citations are in text, not in margins. No title page.
Lecture Date | Lecturer | Opening Line | All terms |
---|---|---|---|
Volume 1 Action of waste | |||
1810-01-01 to 1810-12-31 | Gould, James | Under this general title of injuries to things real, we treat of three kinds, viz. trespass, ouster and waste. | Injuries to real property, Volume 1 Injuries to things real |
1810-01-01 to 1810-12-31 | Reeve, Tapping | Alienation is by deed and by operation of law. When real property is parted with by the own, if in fee simple, fee tail or for life, it must always be conveyed by a sealed instrument of writing. | Real property & mortgages, Volume 1 Alienation by deed |
1810-01-01 to 1810-12-31 | Gould, James | This subject depends on a few general principles. In the view now to be taken, regard will be had not to the quantity of interest in the tenants, but to the time of enjoyment. | Real property & mortgages, Volume 1 Estates in possession remainder & reversion |
1810-01-01 to 1810-12-31 | Gould, James | Ouster is an injury by which a tenant in the possession of lands, tenements or heriditaments is wrongfully removed from or turned out of that possession. | Injuries to real property, Volume 1 Ouster & the remedies given by law |
1810-01-01 to 1810-12-31 | Reeve, Tapping | This action is given to the owner of the inheritance against him in lawful possession for some injury to the houses, lands or woods &c, which he has not right to do waste. | Injuries to real property, Volume 1 Action of waste |
1810-01-01 to 1810-12-31 | not identified | There is nothing in which the books are more confused than in the construction of covenants. The intention, as in wills, is always to govern. | Covenants, Volume 1 Of covenants |
1810-01-01 to 1810-12-31 | not identified | This action is founded on a parol agreement or one written but not under seal. | Covenants, Volume 1 Of assumpsit |
1810-01-01 to 1810-12-31 | not identified | Of parol slander. Slander is of two kinds, first such as is actionable in itself, second such as is not actionable in itself but becomes so by some special damage. | Private wrongs, Volume 1 Of torts & first of slander |
1810-01-01 to 1810-12-31 | not identified | Habeas corpus and mandamus. This writ is issued in England out of the King's bench and Chancery & in the United States, out of the Supreme Court | Habeas corpus, Volume 1 Prerogative writs |
1810-01-01 to 1811-12-31 | Gould, James | Mr. Gould on this part of the subject pursues the old common law division, altho' it is illogical in many respects. He considers Sir William Jones. | Bailments, Volume 1 Different kinds of bailment |
1810-01-01- to 1810-12-31 | Reeve, Tapping | From the description of a contract, a consideration is the very essence of every contract. | Contracts, delete |
1810-01-01- to 1810-12-31 | not identified | At Common law any person may lawfully exercise the employment of an innkeeper, unless it is inconvenient to the public; that is, unless they are so numerous that any new establishments become common nuisances. | Inns & Innkeepers, Volume 1 Inns & Innkeepers |
1810-01-01- to 1810-12-31 | Gould, James | Bailment is a delivery of goods in a contract express or implied by one person to another that they shall be restored to the owner when the purpose for which they are delivered shall have been answered. | Bailments, Volume 1 Bailment definition |
1810-04-30 | Gould, James | The word sheriff as is observed by Blackstone is derived from "shire" and "reeve" and signifies the bailiff of the county. | Sheriff & Gaoler, Volume 1 Sheriffs |
1810-04-30 | Gould, James | When a person once arrested and restrained of his liberty, secretly or violently liberates himself, it is called an escape. | Sheriff & Gaoler, Volume 1 Escapes |
1810-05-17 | Reeve, Tapping | Contracts are executory or executive. An executory contract is an engagement to be performed in future, but an executed contract is one already finished. | Contracts, Volume 1 Contracts |
1810-05-17 | Reeve, Tapping | A man may bind his executors and administrators and heirs, the whole corporation. | Contracts, Volume 1 Binding force of contracts |
1810-05-17 | Reeve, Tapping | A court of equity will not declare the contract void but rescind it upon certain terms. | Contracts, Volume 1 Usurious contracts |
1810-05-17 | Reeve, Tapping | Matchmaking contracts are void. Not the legal mode of courting. Judge Reeve. | Contracts, Volume 1 Matchmaking contracts |
1810-05-17 | Gould, James | Here the subject was taken up by James Gould, Esquire. I shall consider in relation to what subjects contracts may be made so as to be valid. | Contracts, Volume 1 Subjects of contracts |
1810-05-17 | Gould, James | The statute of frauds and perjuries, 29 Charles 2, has in substance been copied in this State and in most of the States. | Contracts, Volume 1 Statute of frauds & perjuries |
1810-05-17 | Gould, James | Not only a subscription of the name but the writing of it in any part of the instrument if intended to give authenticity to it is sufficience. | Contracts, Volume 1 Sufficient signing of contracts |
1810-05-17 | Gould, James | From the description of a contract, a consideration is the very essence of every contract. | Contracts, Volume 1 Consideration to support a contract |
1810-05-17 | Gould, James | By the word debt in legal acceptation is meant a certain sum due on contract. Blackstone says express contract, but Mr. Gould thinks the above definition more correct. | Action for debt, Volume 1 Action of debt |
1810-05-17 | Gould, James | By the Constitution of the U.S., it is provided that full faith and credit shall be given to judgments and judicial proceedings in one state by other states. | Contracts, Volume 1 Full faith & credit |
1810-05-17 | Gould, James | This is a common law action and lies for the recovery of a specific chattel and in this respect is in effect of the nature of a bill in chancery. | Contracts, Volume 1 Action of detinue |
1810-05-17 | Gould, James | This action is founded on a contract express or implied that where one has received money to account for it, he render a just account. | Contracts, Volume 1 Action of account |
1810-05-17 | Gould, James | At common law in actions on contracts it is necessary for the plaintiff to make a request but in many cases the bringing the action itself is a request. | Contracts, Volume 1 Notice & request |
1810-11-08 to 1810-11-09 | Reeve, Tapping | I shall now speak of joint estates. Every information, however, on this part of our subject may be obtained from Blackstone & our other elementary writers. | Real property & mortgages, Volume 1 Estates in joint tenancy coparcenary & common |
1811-09-02 to 1811-09-30 | Gould, James | Another ground for abatement is the pendency of a suit between the same parties, and for the same cause of action. | Pleas & pleadings, Volume 2 Pendency of a suit |
1811-09-02 to 1811-09-30 | Gould, James | Another cause for abatement is the writ's having unduly issued | Pleas & pleadings, Volume 2 Cause for abatement |
1811-09-02 to 1811-09-30 | Gould, James | If the judgment on the plead in abatement is for the defendant, it is that the writ or declaration, as the case may be, be quashed. | Pleas & pleadings, Volume 2 Judgments on pleas in abatement |
1811-09-02 to 1811-09-30 | Gould, James | These are of two kinds, the general issue and a special plea in bar. | Pleas & pleadings, Volume 2 Of pleas to the action |
1811-09-02 to 1811-09-30 | Gould, James | A special plea in bar is one which admits the facts stated in the declaration but alleges special matter in avoidance. | Pleas & pleadings, Volume 2 Of special pleas in bar |
1811-09-02 to 1811-09-30 | Gould, James | No part of pleadings is more important than this. A traverse is a denial of some particular point alleged in the pleadings. | Pleas & pleadings, Volume 2 Of traverses |
1811-09-02 to 1811-09-30 | Gould, James | In every plea, two things are necessary, first that the matter or substance of it be sufficient, and second that the matter or substance be expressed according to the forms of law. | Pleas & pleadings, Volume 2 Rules applying to pleading |
1811-09-02 to 1811-09-30 | Gould, James | It is a general rule of the common law that when either party pleads a deed and makes title under it, he must make profert of it in his pleading. | Pleas & pleadings, Volume 2 Profert & oyer |
1811-09-02 to 1811-09-30 | Gould, James | This being the foundation of the suit and of all the subsequent pleadings must show all that is essential to the plaintiff's cause of action. | Pleas & pleadings, Volume 2 Of the declaration |
1811-09-02 to 1811-09-30 | Gould, James | Departure is the dereliction of a former defence or claim for another defence or claim distinct from the former and not fortifying it. | Pleas & pleadings, Volume 2 Of departure |
1811-09-02 to 1811-09-30 | Gould, James | A demurrer may be defined to be a denial of the legal sufficiency of the allegations demurred to. | Pleas & pleadings, Volume 2 Of demurrer |
1811-09-02 to 1811-09-30 | Gould, James | When the pleadings terminate in an issue in fact, one of the parties may take the cause from the jury to the court, by demurring to the evidence brought in by the adverse party | Pleas & pleadings, Volume 2 Of demurrers to evidence |
1811-09-02 to 1811-09-30 | Gould, James | To arrest judgment is to stop or stay it, that is, to prevent its being rendered. | Pleas & pleadings, Volume 2 Of arrest of judgment & repleader |
1811-09-02 to 1811-09-30 | Gould, James | Judgment may sometimes be arrested for defects in the verdict. If the jury find only one part of the issue and omit another which is material, judgment will be arrested | Pleas & pleadings, Volume 2 Defects in the verdict |
1811-09-02 to 1811-09-30 | Gould, James | On this subject there have been many contradictory opinions. | Pleas & pleadings, Volume 2 Parties joined in one declaration |
1811-09-02 to 1811-09-30 | Gould, James | A general rule is that where the cause of action arises out of the joint act of two or more persons, they may always be joined. | Pleas & pleadings, Volume 2 When 2 or more may be joined as defendants |
1811-09-02 to 1811-09-30 | Gould, James | The rule of the common law is that several causes of action of the same [word] may be joined in one declaration. | Pleas & pleadings, Volume 2 Causes of action joined in one declaration |
1811-09-02 to 1811-09-30 | Gould, James | The general rule is that where the judgment is not the same, they cannot be joined. | Pleas & pleadings, Volume 2 What causes of action may not be joined |
1811-09-02 to 1811-09-30 | Gould, James | These are so called because they tend to delay the plaintiff's suit by questioning the mode of the plaintiff's claim rather than answering it. | Pleas & pleadings, Volume 1 Dilatory pleas |
1811-09-02 to 1811-09-30 | Gould, James | Dilatory pleas of the second kind are to the disability of the plaintiff. | Pleas & pleadings, Volume 2 Pleas to the disability of the plaintiff |
1811-09-02 to 1811-09-30 | Gould, James | The word abatement in law signifies a prostration or destruction; and pleas in abatement are so called because their object is to destroy the writ. | Pleas & pleadings, Volume 2 Pleas in abatement |
1811-09-02 to 1811-09-30 | Gould, James | Pleadings are defined in the law to be the mutual alterations between the plaintiff and defendant put in legal form and set down in writing. | Pleas & pleadings, Volume 2 Pleas & pleadings |
1811-09-02 to 1811-09-30 | Gould, James | Another cause of abatement is variance. | Pleas & pleadings, Volume 2 Variance |
1811-09-02 to 1811-09-30 | Gould, James | This is a ground of abatement which it is material for us to understand. An universal rule is that if one sues alone, when several ought to join, exception to the non-joinder of the the others | Pleas & pleadings, Volume 2 Non-joinder or misjoinder |
1811-09-02 to 1811-09-30 | not applicable | Notes of Lectures Delivered by The Hon. James Gould, one of the Judges of the Superior Court of Connecticut on Pleas and Pleading Taken by James Booth Junr. student in the Office of the Hon. Tapping Reeve and James Gould Litchfield Connecticut Sept 1811. | Title Page, Volume 2 title page |