Readings on the History and System of the Common LawRoscoe Pound Boston Book Company, 1913 - 625 頁 |
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according act of parliament action of trespass appear assise assumpsit authority bill BLACKSTONE breach called cause Chancellor chap chattels Chief Justice civil COMMENTARIES common law Common Pleas constitution contract Court of Chancery court of equity covenant Curia Regis custom damages debt decision declaration deed defendant determined detinue doctrine duty England English law entitled error exchequer execution existence fact feoffment fraud freehold given grant hath heirs injury issue judges judgment judicial jurisdiction Jurisprudence jurors jury king knight-service land law merchant law of England legislation Lord Lord Chancellor Lord Coke matter ment nature obligation opinion original owner parliament party person plaintiff pleading possession principles proceedings promise question reason recover remedy replevin respect Roman law rule seisin sheriff shillings statute suit SUPREME COURT tenant tenements term thing tion trial trust unless verdict words writ wrong
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第 274 頁 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.
第 350 頁 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and, there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
第 147 頁 - No freeman (says the 29th chapter of Henry III.7s charter, which, as the existing law, I quote in preference to that of John, the variations not being very material) shall be taken or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, or. any otherwise destroyed ; nor will we pass upon him, nor send upon him, but by lawful judgment of his peers, or by the law of the land.* We will sell to no man, we will not deny, or delay to any man justice or...
第 1 頁 - has freedom to do all that he wills, provided he infringes not the equal freedom of any other...
第 266 頁 - That all men have a natural and indefeasible right to worship Almighty God according to -the dictates of their own consciences ; that no man can, of right, be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience ; and that no preference shall ever be given, by law, to any religious establishments or modes of worship.
第 285 頁 - States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.
第 255 頁 - That the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law.
第 17 頁 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
第 80 頁 - High Court of Justice shall be constituted as follows: -The first Judges thereof shall be the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, the Lord Chief Justice of the Common Pleas, the Lord Chief Baron...
第 441 頁 - ... to charge any person upon any agreement made upon consideration of marriage; or upon any contract or sale of lands, tenements or hereditaments or any interest in or concerning them...