The Reports of Sir Henry Yelverton, Knight and Baronet ...: Of Divers Special Cases in the Court of King's Bench

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Flagg and Gould, 1820 - Law reports, digests, etc - 308 pages
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Page 63 - some positive rule of law ; but can give no original right of action, if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision. See
Page 88 - that before the party injured by any felonious act can seek civil redress for it, the matter should be heard and disposed of before the proper criminal tribunal, in order that the justice of the country may be first satisfied in respect to the public offence.
Page 88 - the servant dying of the extremity of the battery, it is now become an offence to the crown, being converted into felony, and that drowns the particular offence, and private wrong offered to the master before, and his action is thereby lost.
Page 174 - between a mortgage of goods, and a pledge, or pawn. A mortgage is an absolute pledge, to become an absolute interest, if not redeemed at a fixed time ; and is, in certain cases, valid without delivery. The legal property passes, with a condition of a defeasance. A pledge or pawn of goods is a deposit of
Page 2 - the obligor or feoffor cannot at the time appointed pay a lesser sum in satisfaction of the whole, because it is apparent that a lesser sum cannot be a satisfaction of a greater. But if the obligee or feoffee do at the day receive
Page 75 - that if a man brings his horse to an inn and leaves him there in the stable without any special agreement what to pay, there the innholder is not bound to deliver the horse till the party and owner has defrayed his charge for the horse, but he may justify the detainer of the horse for his food and keeping
Page 87 - if a man beats the servant of JS so that he dies of that battery, the master shall not have an action against the other for the battery, and loss of the service
Page 2 - the feoffee a horse, or a cup of silver, or a ring of gold, or any such other thing in full satisfaction of the money, and the other receiveth it, this is good enough,
Page 45 - it was resolved that it is not lawful for the sheriff (on request made and denial) at the suit of a common person, to break the defendant's house, to execute any process at the suit of any subject ;
Page 130 - was counsel) it was resolved, that the issue being on the custom of tithing, which is found against the defendant, he shall pay the value expressed by the plaintiff in his declaration : because by the collateral matter pleaded in bar, the declaration is confessed in the whole.

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