The Forms of Action at Common Law: A Course of Lectures
Cambridge University Press, Jan 3, 1936 - Law - 88 pages
The forms of action are a part of the structure upon which rests the whole common law of England and, though we may have buried them, they still, as Maitland says, rule us from their graves. The following extract is taken from the editors' preface: 'The evasion of the burden of archaic procedure and of such barbaric tests of truth as battle, ordeal and wager of law, by the development of new forms and new law out of criminal or quasi criminal procedure and the inquest of neighbour-witnesses has never been described with this truth and clearness. He makes plain a great chapter of legal history which the learners and even the lawyers of today have almost abandoned in despair. The text of the chief writs is given after the lectures ...'
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abolished action of ejectment action of trespass advowsons aforesd Aiel alleged apud Assize of Novel Assumpsit becomes Blackstone Bract Bracton breve century Chancery chattels claims Common Law compurgation contract Covenant damages Debt and Detinue defendant demandant Detinue dimisit disseised essoins fecerit te securum feoffment feudal feudal court fiction forms of action free tenement freehold gage Glanv Glanvill grand assize habeas ibi heir Henry ipsius judgment justice king King's Bench king's court king's peace LECTURE lessor litigation lord mesuagium mode of proof Mort d'Ancestor Novel Disseisin original writ ostensurus personal actions plaintiff Pleas possessory actions Praecipe in capite praedictus praeteriit procedure quare real actions recognitors recover reign remedy Replevin royal seised seisin sheriff greeting slander and libel statute summon tenant terminum termor tort trial by jury Trover Trumpingtone tunc wager of law Writ of Dower writ of entry Writ of Right writ of trespass wrong