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Public wrongs, Volume 4 Criminal law |
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James Gould |
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Volume 2 Action of tresspass will lie |
1822-01-01 to 1822-12-31 |
Gould, James |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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Bills of exchange & promissory notes, Volume 5 Obligations upon the drawer |
1822-01-01 to 1822-12-31 |
Gould, James |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
Slander consists in maliciously defaming another person in his reputation. |
Private wrongs, Volume 2 Slander |
1822-01-01 to 1822-12-31 |
Gould, James |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
The difference between excusable and justifiable homicide is slight. |
Public wrongs, Volume 4 Excusable homicide |
1822-01-01 to 1822-12-31 |
Gould, James |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
Larceny is the legal term to denote theft. |
Public wrongs, Volume 4 Larceny |
1822-01-01 to 1822-12-31 |
Gould, James |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
Who are competent witnesses? All persons not legally disqualified. |
Evidence, Volume 5 Competent witnesses |
1822-01-01 to 1822-12-31 |
Gould, James |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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New trials, Volume 5 New trials |
1822-01-01 to 1822-12-31 |
Gould, James |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
|
delete, Inns & Innkeepers |
1822-01-01 to 1822-12-31 |
Gould, James |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
1822-01-01 to 1822-12-31 |
Gould, James |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |