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Special bail |
1813-01-01 to 1813-12-31 |
Gould, James |
This Court has no original jurisdiction in civil causes properly so called, except where a writ is to be brought against an officer for not returning a writ returnable to this court & not returning an Execution issued by this court. |
Practice in Connecticut, Superior Courts |
1813-01-01 to 1813-12-31 |
Gould, James |
This Court has Jurisdiction of writs of Error in all respects final brought for the reversal of any Judgment or decree of the Superior Court in matter of Law or Equity. |
Practice in Connecticut, Supreme Court of Errors |
1813-01-01 to 1813-12-31 |
Gould, James |
An action or suit is defined to the "the Lawful demand of one's Right" & it is by action or suit that all civil rights are enforced. |
Practice in Connecticut, Proceedings to enforce civil rights |
1813-01-01 to 1813-12-31 |
Gould, James |
It is necessary to the validity of a writ in certain cases that a Bond for prosecution should be entered. |
Bonds for prosecution, Practice in Connecticut |
1813-01-01 to 1813-12-31 |
Gould, James |
When the Plaintiff's own bond is taken on a writ of Replevin, The Magistrate is at all events liable if the Plaintiff in replevin is not eventually able to respond. |
Practice in Connecticut, Replevin bonds |
1813-01-01 to 1813-12-31 |
Gould, James |
According to our Statue in all transitory action to be tried by the Superior of County Court, the writ is to be returned into that county where the Plaintiff or Defendant dwells. |
Practice in Connecticut, Where a writ is returnable |
1813-01-01 to 1813-12-31 |
Gould, James |
Process in England (as before observed) is the means of compelling the Defendant to appear in Court, but in Connecticut it is merely the means of holding and my be without appearing in Court. |
Of process & service, Practice in Connecticut |
1813-01-01 to 1813-12-31 |
Gould, James |
When the process is by Attachment, service is regularly mad upon the Property or the body of the Defendant. |
Attachments, Practice in Connecticut |
1813-01-01 to 1813-12-31 |
Gould, James |
In an action on joint securities or contracts when all the Defendants are not inhabitants of this State service of the process on such as are inhabitants of this State shall be sufficient notice to hold them all to trial. |
Miscellaneous rules, Practice in Connecticut |
1813-01-01 to 1813-12-31 |
Gould, James |
Our statute provides that no person shall be required to answer in any civil case or action unless the writ is returnable to the Superior or County court has been served at least 12 days inclusive before the first day of courts sitting. |
Of the time at which service must be made, Practice in Connecticut |
1813-01-01 to 1813-12-31 |
Gould, James |
Bail in Court is of 2 kinds: 1st Bail to the Sheriff or other officer, 2nd Special Bail or bail above. |
Of bail, Practice in Connecticut |
1813-01-01 to 1813-12-31 |
Gould, James |
When a Defendant who has been arrested is brought to Court by the officer or is surrendered by his own voluntary act or his Bail, he may be admitted to Special Bail, the entering of which ipso facto discharges Bail. |
Practice in Connecticut, Special bail |
1813-01-01 to 1813-12-31 |
Gould, James |
The Defendant having appeared & when necessary having given Special Bail or been taken into custody, he must in the next place make his defence. |
Of the defence, Practice in Connecticut |
1813-01-01 to 1813-12-31 |
Gould, James |
The Issue being closed, the cause is then prepared for trial. |
Of issue and trial, Practice in Connecticut |
1813-01-01 to 1813-12-31 |
Gould, James |
The Verdict is the finding of the Jury on the issued closed to them. Regularly every issue should be found affirmatively or negatively & in terms of the issue closed. |
Practice in Connecticut, Verdict |
1813-01-01 to 1813-12-31 |
Gould, James |
At Common Law no costs were allowed to either party. But if the Plaintiff did not prevail, he was amerced pro falso clamore. |
Of Cost, Practice in Connecticut |
1813-01-01 to 1813-12-31 |
not identified |
The right which the husband acquires to the personal property of the wife, 1st as to the what of possession and 2nd his Choses in Action. |
Baron & feme, Baron & feme |
1813-01-01 to 1813-12-31 |
not identified |
By some it has been said that there is an impropriety arising from Coverture, which at Com. Law prevents the wife from disposing of her personal property by Will. |
Baron & feme, Of the wife's power to devise |
1813-01-01 to 1813-12-31 |
Gould, James |
First of their privileges as to forbidden acts committed by them. |
Parent & child, Privileges & disabilities of infants |
1813-01-01 to 1813-12-31 |
Gould, James |
In the first place it is an agreed point that an infant can in no case bind himself by bond. |
In what manner an infant may bind himself, Parent & child |
1813-01-01 to 1813-12-31 |
not identified |
The English Law upon Guardian & Ward does not strictly apply to any one of the States, it being founded here upon particular statutes. |
Guardian & ward, Guardian & Ward |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
Am Executor is one appointed by the testator & whose business it is to dispose of the testator's estate as he has directed in his will & conform himself thereto as far as is agreeable to Law. |
Executor & Administrators, Executors & Administrators |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
Although the Gen'l Rules & maxims are the same as under the English, yet the Law by our Statute differs materially from the English. |
Executor & Administrators, Under the law of Connecticut |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
It seems that a person may be appointed an Executor who has competent understanding. |
Executor & Administrators, Who may be an Executor |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
An Executor & Administrator being appointed, the former by the testator, the latter by the ordinary (in Conn't by the Ct of Probate) their duries are materially the same. |
Executor & Administrators, Of the duties of Executor & Administrator |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
Tho' the English Statutes on this subject are not Law in this country, yet many of the neighboring states have copied them with none or but slight variation. |
Distribution of the Residuum, Executor & Administrators |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
We conform exactly in the descending line to that of Car.2nd. But in the collateral and depending line we differ & this is the only variation |
Distribution under the Stat of Connecticut, Executor & Administrators |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
If Children have been advanced to the full portion during the life of the intestate, they shall not partake of the distribution with the others. |
Executor & Administrators, Of Advancements |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
After payment of debts & legacies, the Executor having assetts in his hands is obliged to distribute them in the same manner that the Administrator is after payment of debts. |
Executor & Administrators, Of distribution by the Executor |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
A little more than a century ago a Rule of this kind was established in Chancery that if a legacy was given to a creditor to the amount or greater than the debt |
Executor & Administrators, Of the payment of Legacies |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
Legacies are divided into lapsed & vested legacies. |
Executor & Administrators, Of lapsed & vested legacies |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
A legacy not being lapsed, it is the duty of the Executor to pay it when due. |
Executor & Administrators, Of the time of payment |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
When a legacy is given generally, we have before remarked that 'tis payable at the end of the year from the testator's death & from this time it always draws interest. |
Executor & Administrators, When legacies draw interest |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
Legacies are sometimes given to restrain improvident marriages with a condition that they shall be void. |
Executor & Administrators, Of restraining legacies |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
There is such a thing as a legacy being adeemed, i.e. revoked without a revocation of the other part of the will |
Executor & Administrators, Of the ademption of legacies |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
When an Executor is about to pay a legacy, he is entitled to security from the legatee that he will refund on debts coming in which require that legacy. |
Executor & Administrators, Of refunding legacies |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
It is the same as the Administrator & on this subject our law is entirely different from the English |
Executor & Administrators, Of the Executor's duty to pay the testator's debts |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
All property which comes to the Executor passes in Assetts in England, the personal property only is legal assetts, tho' by will Real Estate may be made equitable assetts. |
Assets, Executor & Administrators |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
An executor is not liable for any loss that may come to the assetts provided |
Devastavit, Executor & Administrators |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
An administrator is at Common Law obliged to give Bonds that he will perform his trust. |
Executor & Administrators, Of the bonds of Executor & Administrator |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
The policy of the law has enabled a person to control his property of some kinds to a certain extent after his death. |
Executor & Administrators, Testaments |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
All persons generally speaking in the English law may make a will of personal property except those who are deficient in understanding. |
Executor & Administrators, Persons incapable to make a will |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
Testaments of personal estates are of two kinds, written or verbal. |
Executor & Administrators, Requisites to a personal will |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
Donatio mortis causa is a conditional gift given in contemplation of death & the gift to be good must be given in the donor's last sickness. |
Donatio causa mortis, Executor & Administrators |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
All persons may be legatees. |
Executor & Administrators, Who may be legatees |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
An Executor is not liable for costs in any suit brought by him when he was obliged to name himself as Executor. |
Executor & Administrators, Of the Executor's liability for costs |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
A judgment recovered against an Executor for that debt of his testator first goes against the goods & chattels of the testator in the hands of the Executor. |
Executor & Administrators, Of judgment against an Executor |
1813-01-01 to 1813-12-31 |
Reeve, Tapping |
Where money is voluntary paid into an Executor's hands, he is not liable for interest except in case of Mortgage money. |
Executor & Administrators, Miscellaneous articles |
1813-01-01 to 1813-12-31 |
Gould, James |
As Justices of Peace &c have Jurisdiction over all civil cases where the title of Land is not concerned & when the matter in demand does not exceed $15. |
Practice in Connecticut, Single magistrates |
1813-01-01 to 1813-12-31 |
Gould, James |
In the first case I shall treat of the Jurisdiction of our Courts of Law in civil cases. |
Connecticut practice, Practice in Connecticut |
1813-01-01 to 1813-12-31 |
Gould, James |
This court has original and likewise final jurisdiction where the matter in demand does not exceed $70, except in actions on Bond or Note given for money only and vouched by two witnesses |
County courts, Practice in Connecticut |
1813-05-24 |
not identified |
Law in its most general & extensive sense signifies a rule of action. Municipal law is defined to be a rule of civil conduct prescribed by the supreme power of the state, commanding what is right & prohibiting what is wrong. |
Municipal Law, Municipal law |
1813-07-01 to 1813-07-31 |
Gould, James |
It has been doubted whether our law authorised the holding of slaves, if legitimate slavery was ever authorised in Connecticut, it must have been by Natural Law. |
Master & Servant, Of slaves |
1813-07-01 to 1813-07-31 |
Gould, James |
Apprentices from a French word signifying to learn--the reason of which that those servants who come under this description are generally bound out to get instruction. |
Apprentices, Master & Servant |
1813-07-01 to 1813-07-31 |
Gould, James |
The Master has a right to chastise his Servant for breach or neglect of duty, as for disobedience, insolence or ill manners |
Master & Servant, Master's authority over his servant |
1813-07-01 to 1813-07-31 |
Gould, James |
Menial servants: they are so called because they are domestic servants and generally employed intra moenia |
Master & Servant, Menial servants |
1813-07-01 to 1813-07-31 |
Gould, James |
By Stat 5th Eliz. and 6th of Geo 1st, all persons having no visible means of subsistence may be compelled to labor at wages fixed by the Justices of the Sessions. |
Day labourers Agents, Master & Servant |
1813-07-01 to 1813-07-31 |
Gould, James |
Attorneys are of the same class of servants. An attorney has a lien upon the papers and judgment of his client for his fees and he may direct the adverse party against whom judgment is given |
Attorneys, Master & Servant |
1813-07-01 to 1813-07-31 |
Gould, James |
As to when the Master is bound by the acts of the servants generally and when he can take advantage of them |
Master & Servant, Rules applicable to Master & Servant |
1813-07-01 to 1813-07-31 |
Gould, James |
This species of servants is unknown to the Common Law, the Statutes of Conn. |
Debtors assigned in service, Master & Servant |
1813-07-01 to 1813-07-31 |
Gould, James |
The Post Master is himself a servant. He contracts with the public for the faithful discharge of his duty for hire. |
Master & Servant, Post masters |
1813-07-01 to 1813-07-31 |
Gould, James |
It is a general Rule that the Master is bound by the contracts of his servant made for him when the servant acts within the scope of his authority. |
Master & Servant, Master's liability for contracts of servants |
1813-07-22 |
Gould, James |
The three great relations in private life are first, that of Master and Servant. Second, that of Husband and Wife, and Third, that of Parent and Child |
Master & servant, Master & Servant |
1813-10-01 to 1813-10-31 |
Gould, James |
A minor child or Infant is any person, male or female, under the age of twenty-one years. |
Parent & child, Parent & child |
1813-10-01 to 1813-10-31 |
Gould, James |
Marriage settlement agreements made by Infants with their Parents or Guardians consent will benerally be binding in Chancery. |
Marriage settlement agreements, Parent & child |
1813-10-01 to 1813-10-31 |
Gould, James |
By the word power as here used is meant as authority delegated by one to another. |
Parent & child, Powers that an Infant is capable of executing |
1813-10-01 to 1813-10-31 |
Gould, James |
A legitimate child is one that is defined to be born within lawful wedlock or within a competent time afterwards. |
Of legitimate & illegitimate children, Parent & child |
1813-10-01 to 1813-10-31 |
Gould, James |
It is the duty of Parents in all cases to support their children and this duty is founded upon the Law of Nature. |
Parent & child, Reciprocal duties of maintenance |