Goodwin, Hiram Gould

Author: 
Goodwin, Hiram Gould
Birth Date: 
1808-05-18
Death Date: 
1883-10-25
Digitized Notebooks: 
http://hdl.handle.net/10079/digcoll/2972247
(taken from William G. Williams)
Litchfield Ledger: 
http://www.litchfieldhistoricalsociety.org/ledger/students/1039
Notebooks: 
http://www.litchfieldhistoricalsociety.org/ledger/materials/65http://www.litchfi...
Notes: 
Lined pages, numbered to p. 289; red ruled margins; no internal dates nor enumeration of lectures. Modern pencil note "Notes of Gould's lectures, delivered at the Litchfield Law School, taken by Hiram Gould Goodwin, a student in 1829." Judge Gould is referred to as "J.G." p. 11, 23, 27, 76. Written on both sides of page; in most cases, a blank page or pages separate legal titles.
Original Repository: 
Litchfield Historical Society
Provenance: 
Bookplate: Presented by Fremont Rider, 1947
Lecture Date Lecturer Opening Line All terms
1828-01-01 to 1828-12-31 not identified delete, Guardian & Ward
1828-01-01 to 1828-12-31 Gould, James Executors & administrators represent deceased persons for certain purposes. Executor & Administrators, Volume 1 Executors & administrators
1828-01-01 to 1828-12-31 Gould, James All who are capable of making wills may be Executors of powers & many others besides. Executor & Administrators, Volume 1 Who may be executors & administrators
1828-01-01 to 1828-12-31 Gould, James All persons not disqualified by law may be administrators. Executor & Administrators, Volume 1 Who may be administrators
1828-01-01 to 1828-12-31 Gould, James Administration must be granted in writing & under seal. Executor & Administrators, Volume 1 Manner of granting administration
1828-01-01 to 1828-12-31 Gould, James An executor receives all his interest from the will & not from the probate. Therefore all the personal effects rest in the executor at the death of the testator. Executor & Administrators, Volume 1 Acts of an executor before probate
1828-01-01 to 1828-12-31 Gould, James When there are several executors, they are considered but as one person in law & their interest is joint, entire & indivisible. Executor & Administrators, Volume 1 Of co-executors
1828-01-01 to 1828-12-31 Gould, James An executor de son tort is a person who, without authority, intermeddles with the goods of the deceased person and does those acts which belong appropriately to the office of executor Executor & Administrators, Volume 1 Executors de son tort
1828-01-01 to 1828-12-31 Gould, James With respect to real property that is devised, it vests immediately in the devisee upon the death of the testator; so in case of an heir without the intention of an executor. Executor & Administrators, Volume 1 Legacies
1828-01-01 to 1828-12-31 Gould, James It is a general rule that when no time is specified in the will for the payment of a legacy, the executor has one year to pay it. Executor & Administrators, Volume 1 When legacies are to be paid
1828-01-01 to 1828-12-31 Gould, James It is an ancient maxim that actio personalis moritur cum persona. But this is not universally true. Executor & Administrators, Volume 1 Actions brought by or against executors
1828-01-01 to 1828-12-31 Gould, James By statute 29 Carolus 2nd, nuncuparit wills are allowed under certain circumstances. Executor & Administrators, Volume 1 Nuncupative wills
1828-01-01 to 1828-12-31 Gould, James An executor or administrator is not liable further than he actually has assets. But if an executor neglect the property of the testator, by which it is destroyed, or converts it to his own use Executor & Administrators, Volume 1 Devastavit
1828-01-01 to 1828-12-31 not identified The lex scripta is none other than the statute law. These statutes are not like the writings of the unwritten law, mere evidence of the law, but they are law themselves. Municipal law, Volume 1 Lex scripta
1828-01-01 to 1828-12-31 not identified A qui tam prosecution is one which is brot by an individual in his own name & in the name of the public. Municipal law, Volume 1 Qui tam prosecutions
1828-01-01 to 1828-12-31 not identified Municipal law is a rule of conduct prescribe by the sovereign power in a State commanding what is right and prohibiting what is wrong. Municipal law, Volume 1 Municipal law definition
1828-01-01 to 1828-12-31 not identified It is a general rule of common law that fraud in the consideration of a contract, but only the party defrauded to a recovery in damages. Municipal law, Volume 1 Wherein common law & law merchant differ
1828-01-01 to 1828-12-31 not identified Acts regulating civil actions. In England property is not touchable for debts. Municipal law, Volume 1 Statutes of Connecticut
1828-01-01 to 1828-12-31 not identified The man who marries a wife acquires certain rights to her property. Baron & feme, Volume 1 Baron and feme
1828-01-01 to 1828-12-31 not identified On the death of the husband, the wife is entitled to one third of his personal property undevised if he left children & one moiety if he left no children. And this belongs to her absolutely. Baron & feme, Volume 1 Wife's interest in her husband's property
1828-01-01 to 1828-12-31 not identified to the wife's contracts before marriage. It is sometimes said in the books that the husband is liable to the debts of his wife if recovered during coverture. Baron & feme, Volume 1 Of the husband's liablity
1828-01-01 to 1828-12-31 not identified acquired after marriage. If lands descend to the wife during coverture, he has the same interest in them which he has in her other lands and he cannot prevent her from taking them. Baron & feme, Volume 1 Of the husband's interest in her property
1828-01-01 to 1828-12-31 not identified It is a general rule of law that a husband cannot contract with his wife. Baron & feme, Volume 1 Contracts between husband & wife
1828-01-01 to 1828-12-31 not identified It is a general rule that a feme covert cannot bind herself for her property by her contracts. But to this rule there are several exceptions. Baron & feme, Volume 1 How the wife is bound by her contracts
1828-01-01 to 1828-12-31 not identified When the wife contracts for the husband with his assent & for his benefit, he is bound, not, however, because she is his wife, for in this case she acts as his agent & can bind him no further than any other agent. Baron & feme, Volume 1 How far she may bind her husband
1828-01-01 to 1828-12-31 not identified If a tort be committed on the person of the wife, she is entitled to the damages, but he must join in the suit & when the damages are actually recovered, they belong to him. Baron & feme, Volume 1 Of torts committed on the person of the wife
1828-01-01 to 1828-12-31 not identified When the right of action would survive to the wife if the husband should die before the action brot, the husband & wife must join in the suit. Baron & feme, Volume 1 When husband & wife must join in an action
1828-01-01 to 1828-12-31 not identified The contract of marriage is celebrated in a different manner from all others. In England by statute, every marriage must be celebrated by a person in holy orders, or it is void. Baron & feme, Volume 1 Marriage
1828-01-01 to 1828-12-31 not identified Divorces are of two kinds: a vinculo matrimonii & a mensa et thoro. Baron & feme, Volume 1 Divorces
1828-01-01 to 1828-12-31 not identified By the word child in its general acceptation is meant any one in the line of filiation, tho' it is frequently used as synonymous with infant or minor which is any person under the age of 21 years. Parent & child, Volume 1 Parent & child
1828-01-01 to 1828-12-31 not identified Infants of any age are liable civiliter for their torts & so is an idiot. Parent & child, Volume 1 Of liabilty of infants for their torts
1828-01-01 to 1828-12-31 not identified It is a general rule that infants are incapable of contracting. But if an infant contracts with an adult, the latter is bound,, unless the contract be void. Parent & child, Volume 1 Of liabilty of infants for their contracts
1828-01-01 to 1828-12-31 not identified The lex non scripta, or unwritten law, includes 1st the Common Law, so called, 2nd particular customs, 3rd certain particular rules which obtain in particular courts. Municipal law, Volume 1 Lex non scripta
1828-01-01 to 1828-12-31 not identified It is agreed that an infant cannot execute a general power over real estate. Parent & child, Volume 1 Infants ability to execute a power
1828-01-01 to 1828-12-31 not identified An infant unborn is for many purposes considered in esse. Killing a child in ventre sa mere is a high misdemeanor, and if the child be born alive and afterwards die of the wound, Parent & child, Volume 1 Infants in ventre sa mere
1828-01-01 to 1828-12-31 not identified Regularly in England an infant may hold any ministerial office, but can hold no judicial office. Parent & child, Volume 1 What offices an Infant may hold
1828-01-01 to 1828-12-31 not identified When an infant brings a suit, he must always appear by guardian or prochein ami. Parent & child, Volume 1 How an infant must appear
1828-01-01 to 1828-12-31 not identified A legitimate child is one born during lawful wedlock or within competent time afterwards, that is, none other can be legitimate, but every child born in lawful wedlock is not legitimate. Parent & child, Volume 1 Illegitimacy
1828-01-01 to 1828-12-31 not identified By our law, parents & grandparents, if able, are liable to support their children who are unable to support themselves & vice versa. Parent & child, Volume 1 Liability of parents & child to support each other
1828-01-01 to 1828-12-31 not identified Both in England & Connecticut, the father & mother are equally liable & bound to support a bastard child. Parent & child, Volume 1 Liability of parents to support bastard children
1828-01-01 to 1828-12-31 not identified Parents are in some cases liable for the torts committed by children. The rule is that they are liable to the same degree a master is for the torts of his servant. Parent & child, Volume 1 Parents liability for torts & contracts of child
1828-01-01 to 1828-12-31 not identified Strictly speaking, the father can maintain no action for injuries done to his child, but for a damage occurring himself in consequence of an injury done to the child, he may maintain an action. Parent & child, Volume 1 Parents remedy for injuries done to child
1828-01-01 to 1828-12-31 not identified The power lodged with the Chancellor in England over the conduct of the guardian is in Connecticut vested in the Court of Probate. Guardian & Ward, Volume 1 Guardian & ward
1828-01-01 to 1828-12-31 not identified The different kinds of servants are 1 Slave, 2 Apprentices, 3 Menial servants, 4 Day labourers, 5 Agents& factors &c, 6 Poor debtors assigned in service. Master & Servant, Volume 1 Master & servant
1828-01-01 to 1828-12-31 not applicable Reeve's Lectures Taken from Wm. G. Williams By Hiram Goodwin 1828 LEX Title Page, Volume 1 Title page
1829-01-01 to 1829-12-31 Gould, James This is an action of trespass on the case to recover damages for the breach of a similar contract. Assumpsit, Volume 2 Assumpsit
1829-01-01 to 1829-12-31 Gould, James The general issue is non-assumpsit which puts in issue the whole declaration. Assumpsit, Volume 2 Assumpsit pleadings by defendant
1829-01-01 to 1829-12-31 Gould, James The defendant may also avail himself of the statute of limitations, but this defence must be specially pleaded for it is a matter of law which goes not to the plaintiff's title, but to the remedy. Assumpsit, Volume 2 Assumpsit defence by statute of limitations
1829-01-01 to 1829-12-31 Gould, James By accord is meant agreement; by satisfaction is meant the execution of the accord, and accord & satisfaction mean a situation executed & this entirely discharges the debt. Assumpsit, Volume 2 Assumpsit accord
1829-01-01 to 1829-12-31 Gould, James Tender & bringing money into court must be specially pleaded. Assumpsit, Volume 2 Assumpsit tender
1829-01-01 to 1829-12-31 Gould, James It is a good defense to this or other actions that the debts has been recovered from him by a creditor of the plaintiff. Assumpsit, Volume 2 Assusmpsit foreign attachment
1829-01-01 to 1829-12-31 Gould, James Usury is defined to be the taking of or contracting for illegal interest for the forbearing of the principle. Usury, Volume 2 Usury
1829-01-01 to 1829-12-31 Gould, James Common carriers have become so frequent now that the law considers them as very important. Bailments, Volume 2 Bailment common carriers
1829-01-01 to 1829-12-31 Gould, James Bailment is said to be a delivery of goods in a contract express or implied. Bailments, Volume 2 Bailments
1829-01-01 to 1829-12-31 Gould, James Slander was maliciously defaming a person in his reputation and this may be committed either by words spoken or written. Private wrongs, Volume 2 Slander
1829-01-01 to 1829-12-31 Gould, James Whatever words would be actionable if spoken are clearly so when written. Private wrongs, Volume 2 Libel
1829-01-01 to 1829-12-31 Gould, James This action at common law lay only in cases where one found the goods of another and refused to deliver them on demand. Private wrongs, Volume 2 Trover
1829-01-01 to 1829-12-31 Gould, James At law assault is an attempt to offer to do a corporeal hurt act to another with force without actually touching the body, lifting a club, brandishing a sword, pointing a gun. Public wrongs, Volume 2 Assault & battery
1829-01-01 to 1829-12-31 Gould, James Every violation of one's right of locomotion is false imprisonment & the restraint may be in a house or in the street. Public wrongs, Volume 2 Trespass for false imprisonment
1829-01-01 to 1829-12-31 Gould, James This is an action on the case, it lies to recover damages vs. any one who has prosecuted another maliciously & without probable cause. Malicious prosecution, Volume 2 Malicious prosecution
1829-01-01 to 1829-12-31 Gould, James The Inn Keeper is liable for any loss that happens to the goods of his guest by his servants. Bailments, Volume 2 Bailment inn keepers
1829-01-01 to 1829-12-31 Gould, James Trespass is divided into three kinds: I trespass to the person, as assault & battery & false imprisonment, II trespass to real property, as trespass quare clausum fregit, III trespass to personal property which is now to be considered. Private wrongs, Volume 2 Trespass for injuries to things personal
1829-01-01 to 1829-12-31 Gould, James A lien is understood to be a distinct claim or encumbrance upon some specific property of another as security for some debt & accompanied with possession. Bailments, Volume 2 Bailment liens
1829-01-01 to 1829-12-31 Gould, James It is a general rule that the Bailor, having the general property, may maintain trespass, trover or any proper action vs. any person who takes away or injures the goods of the Bailee. Bailments, Volume 2 Bailment actions of bailees
1829-01-01 to 1829-12-31 Gould, James At common law, any one might establish an Inn, unless they were so numerous that by establishing others it would make a public nuisance of them. Inns & Innkeepers, Volume 2 Inns & innkeepers
1829-01-01 to 1829-12-31 Gould, James The word sheriff denoted the governor or keeper of the shire or county, being derived from the Saxon words shire & reeve. Sheriff & Gaoler, Volume 2 Sheriffs & jailors
1829-01-01 to 1829-12-31 Gould, James By the English law, the sheriff is a judicial as well as an executive & ministerial officer. Sheriff & Gaoler, Volume 2 Sheriffs & jailors general authority
1829-01-01 to 1829-12-31 Gould, James An escape is an unlawful evasion of lawful restraint for custody, so that a person going at large can never amount to an escape unless the restraint is lawful. Sheriff & Gaoler, Volume 2 Sheriffs & jailors escapes
1829-01-01 to 1829-12-31 Gould, James A voluntary escape is one which takes place with the consent of the officer arresting. Sheriff & Gaoler, Volume 2 Sheriffs & jailors voluntary escapes
1829-01-01 to 1829-12-31 Gould, James Negligent escapes are such as happen without the privity or consent of the officer. Sheriff & Gaoler, Volume 2 Sheriffs & jailors negligent escapes
1829-01-01 to 1829-12-31 Gould, James If a sheriff makes a false return, he is liable to an action on the case to the party injured. Miscellaneous principles or rules, Volume 2 Miscellaneous rules
1829-01-01 to 1829-12-31 Gould, James There is a class of bonds called bonds of ease & favor taken of first by sheriffs & jailors which are declared by the statute of 23 Henry 6 to be void & of no effect. Sheriff & Gaoler, Volume 2 Bonds of ease & favor
1829-01-01 to 1829-12-31 Gould, James This action is founded on an express or implied contract that onw who has secured the property of another to account for, shall account. Action of account, Volume 2 Account
1829-01-01 to 1829-12-31 Gould, James The legal acceptation of the word debt tis said is a sum of money due by certain & express contract. Action for debt, Volume 2 Debt
1829-01-01 to 1829-12-31 Gould, James This action lies for the recovery of a specific personal chattels; it is in nature of a bill in Chancery in its effects, as it gives a specific remedy. Action of detinue, Volume 2 Action of detinue
1829-01-01 to 1829-12-31 Gould, James At common law a request by plaintiff in actions on contracts is in theory always necessary, but in many cases may be by suit only. Contracts, Volume 2 Notice & request
1829-01-01 to 1829-12-31 Gould, James Pleadings are defined to be the mutual attentions between the Plaintiff & Defendant, put into legal form & set down in writing. Pleas & pleadings, Volume 2 Pleadings
1829-01-01 to 1829-12-31 Gould, James The terms declaration and count mean in some instances the same thing & in others not. Pleas & pleadings, Volume 2 Pleadings declaration
1829-01-01 to 1829-12-31 Gould, James Any number of causes of action of the same nature & between the same parties may be joined in the same declaration. Pleas & pleadings, Volume 2 Pleadings joinder of actions
1829-01-01 to 1829-12-31 Gould, James When the judgment & the general issues are the same in both causes of action, they may be joined. Pleas & pleadings, Volume 2 Result
1829-01-01 to 1829-12-31 Gould, James By statute no dilatory plea is admitted until affadavit made of its truth on some collateral fact which may induce the court to believe it true. We have in Conn. no such rule. Pleas & pleadings, Volume 2 Dilatory pleas
1829-01-01 to 1829-12-31 Gould, James The object of this plea is to defeat the suit by showing that the plaintiff has not right to maintain an action, e.g., that the plaintiff is an outlaw. Pleas & pleadings, Volume 2 Disability of the plaintiff
1829-01-01 to 1829-12-31 Gould, James That the plaintiff is a feme covert is a good plea in abatement & only in abatement. Pleas & pleadings, Volume 2 Pleas to the disability of the plaintiff
1829-01-01 to 1829-12-31 Gould, James These may be either intrinsic or extrinsic. Misnomer of the defendant is a good cause of abatement, whether the misnomer be in the writ or declaration. Pleas & pleadings, Volume 2 Different causes of abatement
1829-01-01 to 1829-12-31 Gould, James Of these there are two, the general issue & special pleas in bar. Pleas & pleadings, Volume 2 Pleas to the action
1829-01-01 to 1829-12-31 Gould, James These are generally defined to be such as admit the fact stated in the declaration and goes in evidence of them. Pleas & pleadings, Volume 2 Special pleas in bar
1829-01-01 to 1829-12-31 Gould, James Every special plea must contain issuable matter, i.e. matter which is triable on an issue. Pleas & pleadings, Volume 2 Requisites of a special plea
1829-01-01 to 1829-12-31 Gould, James Traverse is a denial of some particular fact alleged in the pleading & always tenders an issue & this may be taken to any part of the pleadings. Pleas & pleadings, Volume 2 Traverse
1829-01-01 to 1829-12-31 Gould, James Duplicity is a fault in pleading because it tends to prolixity & embarrassment. Pleas & pleadings, Volume 2 Duplicity
1829-01-01 to 1829-12-31 Gould, James A demurrer is a denial of the sufficiency of the facts pleaded in law & confesses the truth of the facts & refers the effect of the allegation in law to the decision of the Court. Pleas & pleadings, Volume 2 Demurrer
1829-01-01 to 1829-12-31 Gould, James In many cases when the issue is in fact, one of the parties may take the case from the jury to the Court by demurring to the evidence, i.e. to the facts shown in evidence. Pleas & pleadings, Volume 2 Demurrer to evidence