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Before the revision of our statute in '84, our statute of distribution was as to all estates the same as that of Charles 2nd was as to personal property. |
Volume 1 Of Connecticut distributions |
1808-01-01 to 1808-12-31 |
not identified |
In Connecticut, parents and grandparents are bound to support such of their poor and impotent as are unable to support themselves, and on the other hand, children and grandchildren |
Parent & child, Volume 1 Reciprocal duty of maintenance |
1808-01-01 to 1808-12-31 |
not identified |
The effect of any affirmance or reversal of judgment on a writ of error. [12 cases are described] |
Pleas & pleadings, Volume 2 Cases exemplifying writs of error |
1808-01-01 to 1808-12-31 |
not identified |
The practice in England and Connecticut with respect to new trials is considerably different; the principles are very much the same. |
Pleas & pleadings, Volume 2 New trials |
1808-01-01 to 1808-12-31 |
not identified |
First, want of due notice to defendant. |
Pleas & pleadings, Volume 2 Cases for granting new trials |
1808-01-01 to 1808-12-31 |
not identified |
A guardian is defined to be a testamentary parent or a person standing for a time "in loco parentis." |
Guardian & Ward, Volume 1 Guardian & ward |
1808-01-01 to 1808-12-31 |
not identified |
Lex scripta is the written or statute law. It is called written law because it was originally set down in writing and this writing, which is called statute, is itself intrinsically law, and not merely an evidence of the law as the words of the courts are, the reports of their decisions or the treatises of the learned. |
Municipal law, Volume 1 Lex scripta |
1808-01-01 to 1808-12-31 |
not identified |
An audita querula is used to obtain relief when execution has issued of a judgment and is pressing the defendant when for some sufficient reason he ought not to pay it. |
Audita querula, Volume 2 Of an audita querula |
1808-01-01 to 1808-12-31 |
not identified |
This is a prerogative writ issuing in England from the Court of King's Bench and answers in some degree in its effect to the specific relief afforded in Chancery. |
Prerogative writs, Volume 2 Writ of mandamus |
1808-01-01 to 1808-12-31 |
not identified |
This is a prerogative writ issuing generally from King's bench to prevent inferior courts from deciding causes out of their jurisdiction. |
Prerogative writs, Volume 2 Writ of prohibition |
1808-01-01 to 1808-12-31 |
not identified |
It is regularly true that the settlement of the father is the settlement of the child, and that a change in the father's settlement is a change of that of the child. |
Guardian & Ward, Volume 1 Of the settlement of minors |
1808-01-01 to 1808-12-31 |
not identified |
This is a writ by which, in its most general operation, a person restrained of his liberty may be brot before some superior court for some special purpose of his own |
Prerogative writs, Volume 2 Writ of habeas corpus |
1808-01-01 to 1808-12-31 |
not identified |
The construction to be put upon remedial statutes is liberal, tho' it is agreeable to the spirit and intent of the law and not to be strictly confined to the letter thereof. |
Municipal law, Volume 1 Remedial statutes |
1808-01-01 to 1808-12-31 |
not identified |
Evidence is of two general kinds, written and unwritten testimony. |
Evidence, Volume 2 Evidence |
1808-01-01 to 1808-12-31 |
not identified |
There are several classes of persons not allowed to testify in a court of justice; first, interested persons. |
Evidence, Volume 2 Person incompetent to testify |
1808-01-01 to 1808-12-31 |
not identified |
The law of Connecticut recognizes the six following species of servant, first slaves; second, apprentice, 3 menial servants, 4 day laborers, 5 bailiff, factors, brokers, agents |
Master & Servant, Volume 1 Of the different kinds of servant |
1808-01-01 to 1808-12-31 |
not identified |
It is a general rule that all evidence given in a court of law must be given "viva voce." |
Evidence, Volume 2 Of depositions & the number of witnesses |
1808-01-01 to 1808-12-31 |
not identified |
All suitor and witnesses while at court and while going to and from court have a general protection from arrest. |
Evidence, Volume 2 Of protection of witnesses |
1808-01-01 to 1808-12-31 |
not identified |
Records are kept in the hands of certain persons that they may be preserved and are not allowed to be carried out of the office. |
Evidence, Volume 2 Records |
1808-01-01 to 1808-12-31 |
not identified |
A precise definition of slander is not to be found in the books. The following, however, is presumed to be an actual one. |
Private wrongs, Volume 2 Slander |
1808-01-01 to 1808-12-31 |
not identified |
Many acts of the servant may be considered as the acts of the master, but these acts are such only as are performed by the servant while engaged in the service of the master. |
Master & Servant, Volume 1 Master's liability for acts of servants |
1808-01-01 to 1808-12-31 |
not identified |
Of larceny in embezzling his master's goods. At common law, a servant having the oversight, charge or care of his master's goods, but not being in actual possession of them, |
Master & Servant, Volume 1 When the servant is guilty |
1808-01-01 to 1808-12-31 |
not identified |
The office of Sheriff is a very great importance to a community, as will be seen from the nature and extent of their power and duty. |
Sheriff & Gaoler, Volume 1 Sheriffs |
1808-01-01 to 1808-12-31 |
not identified |
It has become the practice in many places to allow the prisoner, on their finding bonds sufficient to indemnify the gaoler, the liberties of the prison, as such are certain |
Sheriff & Gaoler, Volume 1 Liberties of the prison |
1808-01-01 to 1808-12-31 |
Gould, James |
Bailment is a delivery of goods by one person to another, on a condition, express or implied, that they shall be restored by the bailee to the bailor, according to his direction |
Bailments, Volume 1 Bailment |
1808-01-01 to 1808-12-31 |
Gould, James |
In the division of bailment, several eminent lawyers have differed. According to most of the books, there are six kinds. Sir William Jones divides them into five, and Judge Reeve into four, |
Bailments, Volume 1 Of the different kinds of bailment |
1808-01-01 to 1808-12-31 |
Gould, James |
A delivery of goods to an innkeeper seems to fall more properly under the second general head of the fifth kind of bailment. |
Bailments, Volume 1 Innkeepers as bailees |
1808-01-01 to 1808-12-31 |
Gould, James |
As to the bailee's kin and right to detain. A lien properly so called exists in the bailee's favor, I apprehend, only in the fourth and fifth kinds of bailment |
Bailments, Volume 1 Further rules applying to bailment |
1808-01-01 to 1808-12-31 |
Gould, James |
Our statutes as to sales & to defraud creditors is in substance the same as the English Statute 13 Elizabeth. |
Bailments, Volume 1 Of the law in Connecticut |
1808-01-01 to 1808-12-31 |
not identified |
The general powers of chancery are not easily defined. Mitford 5; 3 Bl.429. |
Chancery, Volume 2 Powers of chancery |
1808-01-01 to 1808-12-31 |
Reeve, Tapping |
Executors and administrators are the representatives of deceased persons, that is as to their personal estate, and to the duties which effect their personal estate. |
Executor & Administrators, Volume 1 Executors & administrators |
1808-01-01 to 1808-12-31 |
Reeve, Tapping |
All persons who can make wills and many others may be. Persons of almost all description may be executors, as for example a villein, an infant, or an infant in ventre sa mere. |
Executor & Administrators, Volume 1 Who may be an executor |
1808-01-01 to 1808-12-31 |
Reeve, Tapping |
Wherever the right of proving wills and administering, that is disposing the goods of the deceased, may have originally resided, the right of granting administration, as well as of granting probate of wills, now clearly belongs, except in special certain cases, to the spiritual courts in England. |
Executor & Administrators, Volume 1 Administration by whom granted |
1808-01-01 to 1808-12-31 |
Reeve, Tapping |
The office of executor, being private, and he being named by the testator, not appointed by law, he may refuse to accept the executorship, in the first instance, and then administratio cum testamento annexo must be granted. |
Executor & Administrators, Volume 1 Of executor's refusal |
1808-01-01 to 1808-12-31 |
Reeve, Tapping |
As the executor derives all his interest from the will, the property of the testator effects is vested in him before probate, on the death of the testator. |
Executor & Administrators, Volume 1 What act an executor may do before probate |
1808-01-01 to 1808-12-31 |
not identified |
The law merchant is sometimes improperly called a particular custom, but it has none of the incidents of such a custom. It is not local in operation, neither is it to be tried by a jury as a matter of fact, both of which are incidents of particular custom. |
Mercantile law, Volume 2 Law Merchant |
1808-01-01 to 1808-12-31 |
not identified |
A bill of exchange is an open letter from one person to another requesting him to pay a sum of money to a third. |
Bills of exchange & promissory notes, Volume 2 Bills of exchange |
1808-01-01 to 1808-12-31 |
not identified |
Marriage, by the common law, is considered as merely a civil connection adn is governed as it respects property by the general rules of "meum et tuum." |
Baron & feme, Volume 1 Rights & duties resulting from marriage |
1808-01-01 to 1808-12-31 |
Reeve, Tapping |
If an executor is appointed, it has been a question to whom the surplus of personal property after payment of debts, legacies &c belongs. Formerly, the executor himself was always considered a residuary legatee. But now, if any considerable sum, not appropriated to any particular purpose, is left to the executor, or if there can be collected from the will an intention in the testator that the executor should not take as a residuary legatee, the Court of Chancery will order a distribution, as in the case of an Administrator. |
Executor & Administrators, Volume 1 Of the executor's right to the surplus |
1808-01-01 to 1808-12-31 |
Reeve, Tapping |
The specific legacies are bequests of things specified. Pecuniary legacies are bequests of sums of money make in general terms which do not identify any particular parish. |
Executor & Administrators, Volume 1 Of pecuniary & specific legacies |
1808-01-01 to 1808-12-31 |
not identified |
A bill of exchange must always be drawn for money, for a bill drawn for a collateral article is no bill of exchange. |
Bills of exchange & promissory notes, Volume 2 Requisites of a bill of exchange |
1808-01-01 to 1808-12-31 |
Reeve, Tapping |
An executor ought to be careful in the payment of legacies to take a proper receipt or to have sufficient vouchers, because it is holden to be such an equitable demand as not barred by the statute of limitations, tho' after a length of time, a legacy may be presumed to have been paid. |
Executor & Administrators, Volume 1 Of the payment of legacies |
1808-01-01 to 1808-12-31 |
Reeve, Tapping |
Before the revision of our statute in '84, our statute of distribution was as to all estates, the same as that of Charles second was as to personal property. |
Executor & Administrators, Volume 1 Of Connecticut distributions |
1808-01-01 to 1808-12-31 |
Reeve, Tapping |
Any act or negligence of the executor or administrator by which the assets are lost or injured, subjects him to a devastavit, on which execution goes de bonis propriis |
Executor & Administrators, Volume 1 Of devastavit |
1808-01-01 to 1808-12-31 |
not identified |
A contract is an agreement upon sufficient consideration to do or not to do a particular thing. In England, a contract not under seal is considered a parol contract. |
Contracts, Volume 1 Contracts definition |
1808-01-01 to 1808-12-31 |
not identified |
Law in its most general and comprehensive sense signifies a rule of action and is applied indiscriminately to all kinds of action, whether animate or inanimate, |
Municipal law, Volume 1 Of the nature of laws in general |
1808-01-01 to 1808-12-31 |
not identified |
By the English statute of usury, any contract by which more than five percent interest is reserved for the loan of money is absolutely void. |
Contracts, Volume 1 Of usury |
1808-01-01 to 1808-12-31 |
Gould, James |
By the statute of distribution, the wife is entitled absolutely to one third part of the intestate husband's personal estate, and if he dies without issue, to one half and the remainder in both cases goes to his representatives. The right of the wife, however, in Connecticut is subordinate to that of the creditor, that is, the debts of the husband must be paid before the wife can take this third or moiety, and be paid out of the personal estate. |
Baron & feme, Volume 1 Right of the wife to property of the husband |
1808-01-01 to 1808-12-31 |
not identified |
All contracts or securities obtained by duress may be voided by pleading the duress specially. Duress is of two kinds, first, duress by imprisonment, and secondly duress per minas. |
Contracts, Volume 1 Of contracts obained by duress |
1808-01-01 to 1808-12-31 |
not identified |
First, as to promises by executors or administrators, &c. If the executor or administrator has assets sufficient to answer for the debt or duty of his testator or intestate, |
Contracts, Volume 1 Qualifications of the foregoing rules |
1808-01-01 to 1808-12-31 |
not identified |
The construction of this statute is the same in Chancery as at law, tho' the remedy or relief may be different. |
Contracts, Volume 1 Rules applying to all or several contracts |
1808-01-01 to 1808-12-31 |
not identified |
In all cases where there is a privity of contract between the parties, debt or indebitatus assumpsit will lie by the common law, as well as by law merchant. |
Bills of exchange & promissory notes, Volume 2 Actions to which the parties are liable |
1808-01-01 to 1808-12-31 |
not identified |
A contract has already been defined to be an agreement upon sufficient consideration to do or not to do a particular thing. According to this definition, consideration is of the essence |
Contracts, Volume 1 Of consideration to support a contract |
1808-01-01 to 1808-12-31 |
Gould, James |
The wife is entitled to certain articles of the husband's property which are called paraphernalia, which signifies something over and above her dower. |
Baron & feme, Volume 1 Of paraphernalia |
1808-01-01 to 1808-12-31 |
not identified |
The action of account is founded on an express or implied contract that one who has received property of another to account, will under his reasonable account for it. |
Action of account, Volume 1 Account |
1808-01-01 to 1808-12-31 |
not identified |
Assumpsit is an action which was unknown to the common law, but was introduced by statute Westminster 2nd. It is commonly called an action on the case of an action of trespass on the case. |
Assumpsit, Volume 1 Assumpsit |
1808-01-01 to 1808-12-31 |
not identified |
Where notice of one's claim or demand is necessary to be made before an action can be maintained, that notice must not only be given or demand made, but it must be specially |
Notice & request, Volume 1 Notice & demand |
1808-01-01 to 1808-12-31 |
not identified |
When an action is brought not on an express contract, that contract must be stated in the declaration avowing to the terms of it; because it is necessary that the proof tally with the declaration. |
Defenses to action, Volume 1 Defence |
1808-01-01 to 1808-12-31 |
not identified |
Tender is an offer by a debtor to pay a debt due his creditor. |
Tender, Volume 1 Tender |
1808-01-01 to 1808-12-31 |
not identified |
Accord is a good defence to the action of assumpsit, as well as to other actions. Accord is defined to be an agreement be tween the parties to accept something in satisfaction |
Accord & satisfaction, Volume 1 Accord & satisfaction |
1808-01-01 to 1808-12-31 |
not identified |
Statute of limitation may be plead in bar to an action of assumpsit, as well as many other actions. |
Statute of limitations, Volume 1 Statute of limitations |
1808-01-01 to 1808-12-31 |
not identified |
An award is a judgment of two or more persons chosen by the parties who are called arbitrators upon some controversy between the parties. |
Award, Volume 1 Awards & arbitrament |
1808-01-01 to 1808-12-31 |
Gould, James |
A general rule of the common law is that the wife is incapable to bind herself by her own contracts, although she in many cases may bind her husband. |
Baron & feme, Volume 1 Wife's power to bind husband by contracts |
1808-01-01 to 1808-12-31 |
not identified |
Another defence to the the action of assumpsit as well as to many other actions, is money paid on a foreign attachment. |
Foreign attachment, Volume 1 Foreign attachment |
1808-01-01 to 1808-12-31 |
not identified |
Another defence to the action of assumpsit as well as to all other actions, is a release or discharge, as it is regularly called. |
Contracts, Volume 1 Releases payment merger detinue |
1808-01-01 to 1808-12-31 |
not identified |
Whenever the sum due is certain or whenever such sum may be reduced to a certainty, it may be recovered by the action of debt. |
Action for debt, Volume 1 Debt |
1808-01-01 to 1808-12-31 |
not identified |
A policy of insurance, sometimes called a policy of assurance, is a contract, which, according to the custom of merchants, must always be reduced to writing |
Mercantile law, Volume 2 Policies of insurance |
1808-01-01 to 1808-12-31 |
not identified |
Under this head will be considered the nature, the creation and different kinds of covenants, as also the action on them. |
Covenants, Volume 1 Covenants |
1808-01-01 to 1808-12-31 |
not identified |
A charter party is a written contract for hire of a vessel. |
Mercantile law, Volume 2 Of charter parties |
1808-01-01 to 1808-12-31 |
not identified |
Not only the master and the owners of the ship may be liable for the contracts of the master, but the ship may be hypothecated to pay the debts contracts by the master. |
Mercantile law, Volume 2 Bottomry bonds |
1808-01-01 to 1808-12-31 |
not identified |
If a vessel be lost before she reach the port of delivery, the mariners are entitled to no wages. |
Mercantile law, Volume 2 Mariners |
1808-01-01 to 1808-12-31 |
not identified |
In an action against or in favor of partners, they must be named in the writ individually as A & B, merchants & Co. of the firm All & Be. |
Mercantile law, Volume 2 Partnership |
1808-01-01 to 1808-12-31 |
not identified |
It is a general rule that all contracts made between the husband and wife during coverture are void, as well as all contracts made between them before marriage. |
Baron & feme, Volume 1 Contracts of husband & wife during coverture |
1808-01-01 to 1808-12-31 |
not identified |
When goods have been sold or consigned, the vendor or consignor may stop them while passed to the vendee or consignee, in case he be a bankrupt. |
Mercantile law, Volume 2 Stopping goods in transitu |
1808-01-01 to 1808-12-31 |
not identified |
Pleadings are the mutual altercations between the plaintiff & the defendant which at present are set down and delivered in to the proper office in writing. |
Pleas & pleadings, Volume 2 Pleas & pleadings |
1808-01-01 to 1808-12-31 |
not identified |
The municipal law of England and Connecticut is divided into "Lex non scripta" or unwritten law, and "Lex scripta" written or statute law. |
Municipal law, Volume 1 Of the laws of England |
1808-01-01 to 1808-12-31 |
not identified |
The grounds by which pleas to the disability of the plaintiff are supported are various. |
Pleas & pleadings, Volume 2 Pleas to the disability of the plaintiff |
1808-01-01 to 1808-12-31 |
Gould, James |
The husband and wife cannot testify for or against each other, the general reason assigned for it is, the unity of person. |
Baron & feme, Volume 1 Mutual inability to testify |
1808-01-01 to 1808-12-31 |
not identified |
As the civil law is binding in England, so is the English law here, when it has been sanctioned by immemorial usage by our Courts or an incorporation into our statute law. |
Municipal law, Volume 1 Of the civil law |
1808-01-01 to 1808-12-31 |
Gould, James |
In England, femes covert cannot devise their estate either real or personal, tho' it is said they can their personal by the consent of the husband. |
Baron & feme, Volume 1 Of the wife's power to devise |
1808-01-01 to 1808-12-31 |
Gould, James |
In the first ages of the British Empire, we know very little about marriages or what they were. |
Baron & feme, Volume 1 Of marriage |
1808-01-01 to 1808-12-31 |
not identified |
After judgment that the writ abate, it may in many cases be amended, which is allowed by the Statute of Jeofails, of which there are twelve. |
Pleas & pleadings, Volume 2 Of the statute of Jeofails |
1808-01-01 to 1808-12-31 |
not identified |
Demurrer is an admission of the facts stated by the adverse party, but a denial of their sufficiency in law. |
Pleas & pleadings, Volume 2 Of demurrer |
1808-01-01 to 1808-12-31 |
not identified |
In certain cases where the pleadings terminate in an issue in fact, a party may take the examination of the cause from a jury to the court by demurring to the evidence of the opposite party. |
Pleas & pleadings, Volume 2 Of demurrers to evidence |
1808-01-01 to 1808-12-31 |
not identified |
The next private relation which we are to treat is that of parent & child, being the immediate consequence of the former. |
Parent & child, Volume 1 Parent & child |
1808-01-01 to 1808-12-31 |
not identified |
An infant or minor is a person under the age of 21 years. |
Parent & child, Volume 1 Of the disabilities of infants |
1808-01-01 to 1808-12-31 |
not identified |
An issue is defined to be a single, certain and material point issuing out of the allegation of the parties, and consisting regularly of an affirmative and a negative. |
Pleas & pleadings, Volume 2 Of the general issue |
1808-01-01 to 1808-12-31 |
not identified |
A special plea in bar is always as the term imports, a special plea. |
Pleas & pleadings, Volume 2 Of special pleas in bar |
1808-01-01 to 1808-12-31 |
not identified |
It is generally true that the contracts of infants are not binding upon them. |
Parent & child, Volume 1 Of the contracts of infants |
1808-01-01 to 1808-12-31 |
not identified |
A traverse in pleading is a denial of some pertinent point, alleged in the pleadings by the opposite party. It always tenders an issue and may be taken in any stage of the pleadings. |
Pleas & pleadings, Volume 2 Of traverses |
1808-01-01 to 1808-12-31 |
not identified |
Every plea must be simple and entire, connecting and confined to a single point, viz., it must contain only one single ground of claim or defence. |
Pleas & pleadings, Volume 2 Of duplicity |
1808-01-01 to 1808-12-31 |
not identified |
It is a general rule that when a party pleads a written instrument, he must make profert of it of the court. |
Pleas & pleadings, Volume 2 Of a profert |
1808-01-01 to 1808-12-31 |
not identified |
Arrest taken in its legal sense is a term synonymous with stay. |
Pleas & pleadings, Volume 2 Of arrest of judgment & repleader |
1808-01-01 to 1808-12-31 |
not identified |
In England, infants may regularly hold ministerial offices, but not judicial ones. |
Parent & child, Volume 1 Infants capacity to hold offices |
1808-01-01 to 1808-12-31 |
not identified |
When an infant brings a suit, he must appear by his guardian or by his prochin amie for he cannot appear by attorney, he not being of capacity to create a power of attorney. |
Parent & child, Volume 1 When an infant may sue by prochein ami |
1808-01-01 to 1808-12-31 |
not identified |
A bill of exception is a statement of fact annexed to the record for the purpose of laying a foundation for a writ of error. |
Pleas & pleadings, Volume 2 Bills of exception |
1808-01-01 to 1808-12-31 |
not identified |
A legitimate child in one born during lawful wedlock or within a competent time after its determination. |
Parent & child, Volume 1 Illegitimacy |
1808-01-01 to 1808-12-31 |
not identified |
A writ of error is a commission to judges of a higher court to examine the record on which judgment was given in the court below and to affirm or reverse it according to law. |
Pleas & pleadings, Volume 2 Writs of error |