The Attorney's Vade Mecum and Client's Instructor, Treating of Actions: (such as are Now Most in Use) of Prosecuting and Defending Them: of the Pleadings and Law: Also of Hue and Cry. The Subjects Arr. in a Clear and Perspicuous Manner. To the Second Volume is Added an Appendix, Containing a Few Precedents, Being Copies of Complete Records, 第 1 卷

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Strahan and Woodfall, 1787
 

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WHO CANNOT SUE
13
By the Common Law 196
14
An Action will not lie before the last Day
20
The Law does not allow Circuity of Action
27
A Tender 37
28
When not
33
Writs auncejlrd pofejsory id
37
Not Guilty
50
in the one County or tie other
53
ACTION UPON THE CASE
64
Proceeding in an ABion upon the Cafe
74
ACTION UPON THE CASE FOR
76
ACTION UPON THE CASE UPON
77
Words which Jlander him in his Profes
82
Consideration n
95
Mutual Promise
101
Release
102
When an AJfumpfit lies though there
110
An AJsumpJit does not lie for
120
deration be unlawful
122
When
124
the Proceedings upon an Affumpjit
130
Declaration J3 3 The Declaration must be certain id
131
Other Requisites
135
Pleas in Affumpfit 13b 6 Non Affumpfit infra sex Ann os
140
S PLEAS IN DISCHARGE H3 1 Tender id
143
Within Age
145
Outlawry
146
5 Statute against Usury
147
Statutes against Gaming
148
Accord or Arbitrament
149
Payment J5
150
Injimul computaverunt
151
Discharge from the Promise
152
ACTION UPON THE CASE
154
DECEIPT
164
Personating 16 c
165
For Deceipt in his Trust
168
For Deceipt in his Office
169
For Deceipt in his Trade
171
For Deceipt in a Sale
172
Or other Falsity
173
For a false Affirmation upon other Occasions
174
For a false Warranty
175
Against whom it lies
179
By whom it lies
181
At what Time it lies
182
For a Prejudice without a Trust
183
For an unsuccessful Endeavour in his Trust i84 4 For a Falsity without Warranty id
184
When there is another Remedy
185
The Declaration
187
To the Slander of a Common Person
194
Words which endanger Corporal Punijh
198
As a Counsellor id
206
Words which charge a Person with an
212
What Words are not aclionable
219
Or may be taken in mitiorifenfu
229
Declaration for Words
236
Justice of Peace
245
In Justification when allowed
248
Plea
251
is The Proceeding in an AQionfvr
255
Contrary to his Undertaking
261
ACTION UPON THE CASE
267
The Declaration
278
Action against a Common Carrier
284
J When it lies id
291
Non est Faflum id
326
Outlawry
327
Defeasance
328
Covenants performed
329
Pctj ta a Breach for Non Pay ment of Rent 331
331
For not making Assurance
332
For not repairing
333
Judgment
334
Execution
335
PLEADING IN DEBT
336
7Tz V yfttf be brought id
337
3 Capias
338
4 Exigent
339
5 Outlawry upon it
341
Capias Utlagatum
343
12
344
7 Declaration in Debt
345
When in the Debet and Detinet
348
Declaration upon a Bond c
349
Upcn a Statute Recognizance c 35
350
Upon a ContraB
351
Upon a Judgment
352
Pleas
353
Upon a Demise 255
355
Judgment by Consejion
359
Upon a Bond what are good or not id
360
The Plea 315
361
Non est FaSium
363
Per Duress
365
Per Minas
366
Coverture
367
The Statute of Usury
368
Outlawry c
369
T? Statute 23 H 6 r 9 that it was to a Sheriff c colore officn
370
T? Statute againjl Gaming
374
PLEAD
380
Comperuit ad diem
382
Condition performed
383
Upon a Statute or Recognizance
387
Upon Judgment
388
Defeasance
389
Nul tiel record
390
Matter intitling to an audit a Querela cannot be pleaded
391
Upon Contra5lt nil debet
392
When it lie id
400
An Obligation for the Debt
404
Upon a Demise
405
t in tenementis er non demist
406
Tender
407
Entry and Expulsion
408
5 Judgment in Debt
409
PLEADING IN DETINUE
410
Declaration
411
Pleas in Detinue
412
Delivery to him to whose Use c
413
Process against Garnishee
414
Pleas by him
415
When Garnishment not allowed
416
PLEADING IN DOWER
418
Count in Dower
420
View
421
IVhat Pleas may be after a View
423
Pleas in Dower
424
In Bar
425
Replication id
426
Commijstoner for examining Wit
509

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第 396 頁 - Then shall an oath of the LORD be between them both, that he hath not put his hand unto his neighbour's goods; and the owner of it shall accept thereof, and he shall not make it good.
第 65 頁 - In all cases where a man has a temporal loss or damage by the wrong of another, he may have an action upon the case to be repaired in damages.
第 2 頁 - By these actions formerly all disputes concerning real estates were decided ; but they are now pretty generally laid aside in practice, upon account of the great nicety required in their management, and the inconvenient length of their process : a much more expeditious method of trying titles being since introduced, by other actions personal and mixed.
第 137 頁 - And be it further enacted, That all Actions of Trespass, Quare clausum fregit, all Actions of Trespass, Detinue, Action sur Trover, and Replevin for taking away of Goods and Cattle, all Actions of Account, and upon the Case, other than such Accounts as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants...
第 189 頁 - Of devisors of false news and of horrible and false lies of prelates, dukes, earls, barons, and other nobles and great men of the realm; and also of the chancellor, treasurer, clerk of the privy seal, steward of the king's house, justices of the one bench or of the other, and of other great officers of the realm. The great men of the realm in the time of Richard II were protected only against "horrible and false lies...
第 245 頁 - Robert Carpenter* was in Winchester gaol, and tried for his life, and would have been hanged had it not been for Leggat, for breaking open the granary of farmer A. and stealing his bacon.
第 208 頁 - H. is a rogue for taking your money, and has done nothing for it ; he has not entered an appearance for you. He is no attorney at law; he don't dare to appear before a judge.
第 225 頁 - It seems that some degree of trust and confidence must be reposed in the plaintiff, in order to render words reflecting upon his character for integrity actionable. Thus the words of a carpenter, " He has charged Mr. Andrews for forty days' work, and received the money for the work, that might have been done in ten days, and he is a great rogue for his pains...
第 7 頁 - Personal actions are such whereby a man claims a debt, or personal duty, or damages in lieu thereof; and, likewise, whereby a man claims a satisfaction in damages for some injury done to his person or property. The former are said to be founded on contracts, the latter upon torts or wrongs. Of the former nature are all actions upon debt or promises ; of the latter all actions for trespasses, nuisances, assaults, defamatory words, and the like.
第 292 頁 - So an action does not lie for a reasonable use of my right, though it be to the annoyance of another ; as, if a butcher, brewer, &c., use his trade in a convenient place, though it be to the annoyance of his neighbor.

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