Tucker, George Joseph

Lecture Date Lecturer Opening Line All terms
not applicable Lectures on the Common Law taken by George J. Tucker at Litchfield/Lenox Massachusetts 1824. title page, Title Page
not applicable Law Lectures Title Page, Title page-half
not applicable I. Malicious prosecution II. Trespass III. Replevin IV. Trespass on the case ex delicto V. Writ of Mandamus General index, Index
not applicable I. Action of malicious prosecution 1. Definition of the action 2. How malice may be inferred 3. The effect of a conviction in the former action Index, Table of contents
1824-06-14 Gould, James This is an action brought to recover damages against one who has preferred an indictment or other criminal prosecution against another maliciously without probable cause. Malicious prosecution, Malicious prosecution
1824-06-15 Gould, James The mode in which the original prosecution was terminated must also be shown in the declaration. How malice may be inferred, Malicious prosecution
1824-06-16 Gould, James There are cases in which this action will lie for a civil prosecution or a vexatious law suit. Malicious prosecution, Pleadings in malicious prosecution
1824-06-17 Gould, James The second species of injuries is that of amotion or transportation of possession. Definition of trespass in its most comprehensive case, Trespass vi et armis
1824-06-18 Gould, James He who has a special property in the goods also with the actual possession may maintain this action against a stranger. Special property, Trespass vi et armis
1824-06-19 Gould, James This is a common law action. Replevin is defined to be a delivery to the owner by legal process of the cattle or goods when distrained for cause. Replevin, Replevin
1824-06-22 Gould, James The declaration in this action charges the taking of the goods or cattle and demands damages. Of the pleading in replevin, Replevin
1824-06-22 Gould, James This action lies I. for wrongful acts not accompanied with force; II. for culpable neglect or omissions. Cases in which this action lies, Trespass on the case
1824-06-23 Gould, James On this subject, the case of Shepard & Scott is a leading one; it is sometimes called the squib case. Difference between trespass & trespass on the case, Trespass on the case
1824-06-25 Gould, James Where such a contract is not thus rescinded by returning the property, indebitatus assumpsit will not lie because the contract is still open. Of fraudulent sales or false warranty, Trespass on the case
1824-06-26 Gould, James A man builds a house on his own land & then sells it to another. Of nuisances, Trespass on the case
1824-06-26 Gould, James This is a prerogative writ issuing from the Court of King's Bench & it answers in some degree to a bill in Chancery. Mandamus, Prerogative writs
1824-06-28 Gould, James This is also a prerogative writ issuing generally from the Court of King's Bench in order to prevent an inferior court from deciding cases out of its jurisdiction. Prerogative writs, Writ of prohibition
1824-06-30 Gould, James This is one of those titles which constitute the Law Merchant. This law has been called a particular custom. Bills of exchange, Bills of exchange & promissory notes
1824-07-01 Gould, James So also the defendant is never, in general, permitted to prove that he received no consideration for the bill, except when the action is brought by the person with whom Bills of exchange & promissory notes, Consideration for bills of exchange
1824-07-02 Gould, James Next the form & requisites of a bill. There is no particular form indispensable to the creation of a bill of exchange. Bills of exchange & promissory notes, Forms of a bill of exchange
1824-07-03 Gould, James In all cases in which a party may aver the want of consideration, he may a fortiori aver that the consideration was illegal, as between those parties Bills of exchange & promissory notes, Illegality in consideration
1824-07-07 Gould, James It is in some cases necessary & in most cases expedient for the holder if he receives a bill before it becomes payable to present it for acceptance. Bills of exchange & promissory notes, Presentment for acceptance
1824-07-08 Gould, James A partial acceptance is an unconditional one by varying from the term of the bill, as to pay part of the bill. Bills of exchange & promissory notes, Partial acceptance
1824-07-09 Gould, James If the drawee has beforehand informed the drawer that he cannot accept, even that is not sufficient to dispense with notice in case of refusal to accept. Bills of exchange & promissory notes, Notice of non-acceptance
1824-07-10 Gould, James When a foreign bill is protested for non-acceptance, it may be accepted supra protest for the honor of the drawer or endorser by any stranger. Acceptance supra protest, Bills of exchange & promissory notes
1824-07-12 Gould, James While the endorsement remains in blank, an action may be maintained in the name of the endorser. Bills of exchange & promissory notes, Blank endorsement
1824-07-13 Gould, James If A the payee of a bill transferable by delivery transfers it to B who loses it or is robbed of it and another bona fide receives it for a good consideration Bills of exchange & promissory notes, Transfer
1824-07-14 Gould, James Usance is the customary time for paying bills allowed by the usages of foreign countries Bills of exchange & promissory notes, Usance
1824-07-15 Gould, James I now propose to treat more particularly of promissory notes. A promissory note is a direct engagement to pay another a sum of money. Bills of exchange & promissory notes, Promissory notes
1824-07-16 Gould, James Pleadings in civil actions are defined to be the mutual altercation between party and party put into legal form & set forth in writing. Definition, Pleas & pleadings
1824-07-17 Gould, James Pleas to the action are answers to averments of the plaintiff's demurrer. They are so called because they deny the cause of action Pleas & pleadings, Pleas to the action
1824-07-19 Gould, James General estates in fee simple may be generally alleged, that is, it is sufficient to state a seizin in fee in general terms without saying when it commenced. General estates, Pleas & pleadings
1824-07-20 Gould, James If there are reciprocal & independent promises or covenants, the plaintiff need not aver, nor prove performance on his part. Pleas & pleadings, Reciprocal promises
1824-07-21 Gould, James It is a general rule that several distinct causes of action of the same nature & between the same parties may be joined. Joinder of causes of action, Pleas & pleadings
1824-07-22 Gould, James I come now to the consideration of the pleadings which follow the declaration and 1st of the dilatory pleas. Of dilatory pleas, Pleas & pleadings
1824-07-23 Gould, James The coverture of the plaintiff is also pleadable as disability when a feme covert sues without her husband. Coverture of plaintiff, Pleas & pleadings
1824-07-24 Gould, James The misnomer of one of several defendants is not pleadable by the others except where it constitutes a variance & the same rule holds where one is misdescribed. Misnomer of defendant, Pleas & pleadings
1824-07-26 Gould, James At common law, if one of several plaintiffs die after a verdict but before judgment, the rule was the same & judgment would be arrested. Death of one plaintiff, Pleas & pleadings
1824-07-27 Gould, James If one of two parties (as for instance, joint debtors) is sued alone, he can plead the non-joinder of the other only in abatement. Joinder of defendants, Pleas & pleadings
1824-07-28 Gould, James Thus, if the writ is made returnable at any other than the next succeeding term of the court, there being time for legal service before that term, the writ not only abates Pleas & pleadings, Writ returnable
1824-07-29 Gould, James The defendant may plead the several kinds of dilatory pleas in their order as 1. To the jurisdiction, 2. To the person of the plaintiff. Dilatory pleas, Pleas & pleadings
1824-07-30 Gould, James The general issue refers to the court or declaration & not to the writ. General issue, Pleas & pleadings
1824-07-31 Gould, James Any erasure in a deed, after delivery, a loss of the seal, or any alteration in its terms may be given in evidence under the general issue of non est factum Non est factum, Pleas & pleadings
1824-08-02 Gould, James There is a material distinction between a special plea amounting to the general issue and one stating fact which in evidence will support the issue. Pleas & pleadings, Special pleas
1824-08-03 Gould, James A plea in bar to the whole declaration must answer to the whole gravamen or cause of action. Plea in bar, Pleas & pleadings
1824-08-04 Gould, James Instead of using inducement with an absque hoc, the plaintiff may sometimes use a direct denial and this latter mode of traversing differs in phraseology & conclusion. Direct denial, Pleas & pleadings
1824-08-05 Gould, James It is a general rule that there cannot be a traverse upon a traverse when the first is material. Pleas & pleadings, Traverse
1824-08-06 Gould, James To this case there is one exception where the justification is of the same day on which the trespass is alleged, for the day is thus agreed upon by the parties. Pleas & pleadings, Protestation
1824-08-07 Gould, James District courts in a declaration, each court being itself single, whether intended to establish on right of action or several do not constitute duplicity for each court Duplicity, Pleas & pleadings
1824-08-09 Gould, James Profert being made, the adverse party, whether plaintiff or defendant, is committed to oyer & also a copy of the instrument. Pleas & pleadings, Profert
1824-08-10 Gould, James Demurrers are either general or special. Demurrers, Pleas & pleadings
1824-08-11 Gould, James When the whole evidence exhibited in support of the issue as written, there never was a doubt that it might be demurred to & the party presenting it must join in. Demurrers to evidence, Pleas & pleadings
1824-08-12 Gould, James It is an invariable rule that any defects in the pleading, which would not support a motion in arrest of judgment must be such as would be fatal on general demurrer. Defects in pleading, Pleas & pleadings
1824-08-13 Gould, James If the declaration is good & the plea in bar is also good, and the plaintiff traverses an immaterial point in the plead & obtained a verdict, judgment must be arrested Pleas & pleadings, Repleader
1824-08-14 Gould, James It has been remarked that judgment is only arrested for intrinsic causes (ante p. 215, paragraph 17). In Connecticut, it is frequently arrested for extrinsic causes. Arrest of judgment, Pleas & pleadings