Miller, Rutger Bleecker

Author: 
Miller, Rutger Bleecker
Birth Date: 
1805-07-28
Death Date: 
1877-11-12
Digitized Notebooks: 
http://hdl.handle.net/10079/digcoll/3025409
Litchfield Ledger: 
http://www.litchfieldhistoricalsociety.org/ledger/students/1756
Notes: 
One volume; marble boards, spine label: Gould's Lectures, volume IV. Front cover detached, lined paper; red ruled margins, written on both sides of page. Pages numbered 1-246 in upper corners, followed by a section of blank pages, then by six titles with no pagination. Composed of separate notebooks bound in one volume. Citation in margins and within text. Lectures are not numbered. Neat, legible hand.
Original Repository: 
Lillian Goldman Law Library at Yale Law School
Provenance: 
Acquired in 1989 from Robert Rubin.
Lecture Date Lecturer Opening Line All terms
Gould, James Presumptive evidence is an inference from certain facts proved or admitted of the existence of some other fact or facts. Evidence, Presumptive evidence
1825-11-11 Gould, James A bailment is a delivery of goods on a contract, express or implied, that they shall be restored to the bailor or disposed of according to his direction Bailment, Bailments
1825-11-15 Gould, James At common law, any person may lawfully exercise the office of an innkeeper unless they become so numerous as to be a public inconvenience. Inns & innkeepers, Inns & Innkeepers
1825-11-22 to 1825-12-26 Gould, James To arrest judgment is to prevent, stay or stop it. Arrest of judgment, Pleas & pleadings
1825-11-22 to 1825-12-26 Gould, James Repleader is awarded on motion in arrest of judgment. Pleas & pleadings, Repleader
1825-11-22 to 1825-12-26 Gould, James Judgment is sometimes arrested for defects in the verdict as if the jury found only part of the issue, omitting something material either way. Arrest of judgment & venire de novo, Pleas & pleadings
1825-11-22 to 1825-12-26 Gould, James The declaration is a statement in a methodical & legal form of the circumstances which constitute the plaintiff's cause of action. Declaration, Pleas & pleadings
1825-11-22 to 1825-12-26 Gould, James When the cause of action arises out of the joint act or default of two or more, they may be joined as defendants. Joinder of defendants, Pleas & pleadings
1825-11-22 to 1825-12-26 Gould, James These pleas are called dilatory because they were used formerly without any foundation in truth, merely for delay. Dilatory pleas, Pleas & pleadings
1825-11-22 to 1825-12-26 Gould, James The third class of dilatory pleas are pleas in abatement proper. Abatement in law denotes prostration or demolition Pleas & pleadings, Pleas in abatement
1825-11-22 to 1825-12-26 Gould, James As if a sole plaintiff or sole defendant die, pendente lite, the suit abates, and if a final judgment should be rendered in such case, it would be erroneous Death of the parties at common law, Pleas & pleadings
1825-11-22 to 1825-12-26 Gould, James Pleadings are the mutual altercations of the parties to a suit put into legal form & set down in writing. Nature of pleadings, Pleas & pleadings
1825-11-22 to 1825-12-26 Gould, James Non joinder & misjoinder of parties are causes of abatement and are perhaps a more general ground of exceptions than any other. Non joinder and misjoinder or parties, Pleas & pleadings
1825-11-22 to 1825-12-26 Gould, James In the ancient course of pleading, there appear to have been three description of pleas in bar, viz. 1 General issue; 2 denial of a particular allegation Pleas & pleadings, Pleas to the action
1825-11-22 to 1825-12-26 Gould, James Every plea to the action in a plea in bar: a special plea in bar is one which confesses the facts stated in the declaration & alleges something new Pleas & pleadings, Special pleas in bar
1825-11-22 to 1825-12-26 Gould, James Traverse is a denial of some particular point alleged in the pleading and always tenders an issue. Pleas & pleadings, Traverse
1825-11-22 to 1825-12-26 Gould, James Duplicity is a fault in all pleadings. The very object of pleadings is to bring the controversy to depend upon a single point, either a fact of law Duplicity, Pleas & pleadings
1825-11-22 to 1825-12-26 Gould, James It is a general rule at common law that when a party declares upon a deed or other instrument, and makes title under it, or founds his claim or defence upon it, Of profert & oyer, Pleas & pleadings
1825-11-22 to 1825-12-26 Gould, James Departure in pleading is said to be when a party quits or departs from the case or defence which he first made, and has recourse to another. Departure, Pleas & pleadings
1825-11-22 to 1825-12-26 Gould, James Demurrer is not defined in any of the books. Lawes says it is an irregular & collateral part of the pleadings. Demurrer, Pleas & pleadings
1825-11-22 to 1825-12-26 Gould, James In certain cases & indeed generally when the pleadings terminate in an issue in fact, one party may take the examination of the cause from the jury to the court Demurrer to evidence, Pleas & pleadings
1825-11-22 to 1825-12-26 Gould, James Title of pleadings R.B. Miller Nov. 22, 1825 Title of Pleadings, Title Page
1825-11-22 to 1826-02-28 Gould, James In all pleadings two things are to be observed: 1st the matter or facts alleged must be sufficient in point of law. General rules of pleading, Pleas & pleadings
1825-11-22 to 1826-02-28 Gould, James A bill of exceptions is a statement of facts (or some interlocutory judgment decision or direction in point of law, founded upon them) annexed to the record for the purpose Bills of exception, Bills of exceptions
1825-12-26 to 1826-01-03 Gould, James The English writ of error is a commission to the judges of a superior court to examine the record of the court below on which final judgment has been passed. Writs of error, Writs of error
1825-12-26 to 1826-01-03 Gould, James Cases exemplifying the effect of an affirmance or reversal of judgment on a writ of error. Cases exemplifying reversal on a writ of error, Writs of error
1825-12-26 to 1826-01-03 Gould, James Courts below: A vs. B. Case I judgment below for A to recover of B $20 debt & $10 costs. Cases exemplifying reversal on a writ of error, Writs of error
1825-12-26 to 1826-01-03 Gould, James It has been provided by statute that the superior and county courts shall & may as occasion shall require & they judge reasonable & proper, grant new trials New trials, New trials
1826-01-14 Gould, James Evidence is used in the Law for some proof by testimony of men on oath, by writings or record. Evidence, Title of Evidence definition
1826-01-14 Gould, James It follows from this principle that hearsay evidence, i.e, testimony by one person of what he has heard another say, is in general inadmissible. Evidence, Hearsay evidence
1826-01-14 Gould, James Evidence is of two kinds, first written, second unwritten or parol. Evidence, Kinds of evidence
1826-01-14 Gould, James The sentence of Courts whose proceeding are in rem (as courts of admiralty) are generally conclusive evidence for & vs all persons, whether actual parties or not. Evidence, Sentences of courts of foreign jurisdiction
1826-01-14 Gould, James These are somewhat of the nature of records, being documents or memorials preserved at a fixed place, by public authority & for the use of the public. Evidence, Public writings which are not records
1826-01-14 Gould, James In proving devises to the validity of which, three subscribing witnesses are necessary by statute if any one of them is in a condition to be examined, he should be produced. Devises, Evidence
1826-01-14 Gould, James A deed or other instrument, when proved, is conclusive upon the parties to it. Evidence, Explanation of written instruments
1826-01-14 Gould, James Who are competent witnesses and who are not. A person is said to be a competent witness when he may legally be admitted to testify at all Evidence, Parol evidence
1826-01-14 Gould, James Objections to competency of witnesses must be taken by examining him before he is sworn in. Evidence, Examination of witnesses
1826-02-07 Gould, James By the law merchant is meant that customary or unwritten code of laws which governs mercantile transactions. It is been denominated a "particular custom," but this is manifestly incorrect. Law merchant, Mercantile law
1826-02-07 Gould, James A bill of exchange is an open letter of request addressed by one person to another, desiring the latter to pay a sum of money to a third person Bills of exchange, Bills of exchange & promissory notes
1826-02-16 Gould, James On the non acceptance of an inland bill of exchange, there is no prescribed form necessary to prove the fact. Bills of exchange & promissory notes, Non acceptance
1826-02-17 Gould, James All bills of exchange containing operative words of transfer, as "payable to bearer" &c are negotiable in infinitum. Bills of exchange & promissory notes, Of transfer
1826-02-18 Gould, James While the endorsement remained in blank, the negotiability of the bill of exchange cannot be restrained by any subsequent endorsement transferring interest. Bills of exchange & promissory notes, Endorsement
1826-02-20 Gould, James It is a rule of the public mercantile law, that if a foreign acceptor loses the bill of exchange, he must give the holder a promissory note for the amount Bills of exchange & promissory notes, Loss of bill of exchange
1826-02-21 Gould, James Usance is the customary time fixed by usage for the payout of foreign bills of exchange Bills of exchange & promissory notes, Usance
1826-02-22 Gould, James In general, the principles which govern the rules of bills of exchange apply, mutatis mutandis, to promissory notes Bills of exchange & promissory notes, Of promissory notes
1826-02-24 Gould, James The contract of partnership is one by which two persons unite their money, goods, or labor, for the purpose of profit, upon an agreement that the profit or loss Partnership, Partnership
1826-03-01 to 1826-03-31 Gould, James This is a prerogative writ issuing in England from B.R. and answers in some degree in its effects, to the specific relief afforded by chancery. Of the writ of mandamus, Prerogative writs
1826-03-01 to 1826-03-31 Gould, James This is a prerogative writ, issuing generally from the Court of B.R. to prevent inferior courts from deciding cases out of their jurisdiction. Of the writ of prohibition, Prerogative writs
1826-03-01 to 1826-03-31 Gould, James This is a writ by which a person restrained of his liberty may be brought before some supreme court for some special purpose, as in his own application to be relieved Habeas corpus, Of the writ of habeas corpus
1826-03-01 to 1826-03-31 Gould, James This writ lies against any one who usurps an office or franchise or exercises the one or the other after he has forfeited it. Quo warranto, Quo warranto