The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...

Title

The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...

Author

Glisson, William.

Publication

London :: Printed by the assigns of Rich, and Edw. Atkins for Hen. Brome and Tho. Basset ...,

1679.

Rights/Permissions

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Subject terms

Actions and defenses -- England.

Civil procedure -- England.

Writs -- England.

Appellate procedure -- England.

Link to this Item

https://name.umdl.umich.edu/A42852.0001.001 content_copy

Cite this Item

"The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ..." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A42852.0001.001. University of Michigan Library Digital Collections. Accessed May 22, 2024. content_copy

Contents

• license
• title page
• The Epistle Dedicatory. TO THE Professors & Practisers OF THE COMMON LAW OF ENGLAND.
• To the READER.
• table of contents
  • The TABLE.
• ACCOUNT.
  • Account against a Guardian in Soccage.
    • In what Court Account lieth against a Guar∣dian in Soccage.
    • Who shall have a Writ against Guardian in Soccage.
    • Against what person an Account lieth as Guardian in Soccage.
    • For what things Account lieth.
    • The Account against a Guardian in Soccage.
    • The Writ against a Guardian in Soccage.
    • The Process against a Guardian in Soccage: 1. Before appearance. 2. After appearance.
    • The Barr by a Guardian in Soccage: 1. To the Action of Account. 2. Before Auditors in discharge.
    • The Judgment against a Guardian in Soccage, 1. Of Account. 2. To recover the thing.
    • Execution against Guardian in Soccage: 1. per Common Law, 2. per Statute Law.
    • Ex parte talis.
  • Account against a Baily, 1. of a Court or Hundred. 2. of a Mannor-house, &c.
    • In what Court it lies against a Baily.
    • Who shall have an Account against a Baily, 1. of a Court, 2. of a Mannor.
    • Against whom an Account lieth as Baily, 1. of a Court or Hundred. 2. of a Mannor &c.
    • For what things Account lieth against a Baily, 1. of a Court, &c. 2. of a Mannor, &c.
    • The Count against a Baily, 1. of a Court or Hundred. 2. of a Mannor, &c.
    • The Writs against a Baily, 1. of a Court or Hundred, 2. of a Mannor, &c.
    • The process against a Baily, 1. before appearance; 2. after appearance.
    • The Bar for a Baily, 1. to an action of Account; 2. before Auditors.
    • The Judgment against a Baily, 1. of Account; 2. to Recover the things.
    • Execution against a Baily, 1. per Common Law; 2. per Statute Law.
    • Ex parte Talis by a Baily.
  • Account against a Receiver, 1. in Law; 2. in Deed.
    • The Court where it is to be brought,
    • Who shall have an Account against a Receiver.
    • Against whom Account lieth as Receiver.
    • For what things Account lieth against a Receiver.
    • The Account against a Receiver, 1. by other hands; 2. by his own hands.
    • The Judgment against a Receiver, 1. to Account; 2. to Recover.
    • The Writ against a Receiver.
    • The Process against a Receiver, 1. before Ap∣pearance; 2. after.
    • Bar by a Receiver, 1. to an Action of Account; 2. before Auditors.
    • Execution against a Receiver, 1. per Common Law; 2. per Statute Law.
    • Ex parte talis.
• Action upon the Case.
  • In what Court it lieth.
  • 2. Against whom this lieth.
  • For what things this Action lies.
  • The Writ.
  • The Process, 1. before appearance; 2. after.
  • The Judgment.
  • For what things it lies.
  • For doing of wrong to the damage of another touch∣ing his body.
  • For doing a thing to the damage of another touching his Name, which is Slander; for it turns to his prejudice.
  • For doing of wrong to the damage of another, touching Suits in Law.
  • For the not doing of a thing which ought to be done by the Law, touching a thing hereditary to the damage of another.
  • For not doing of a thing which ought to be done by the Law, to the damage of another, concerning Chattels.
  • For the not doing of a thing which ought to be done by the Law, to the damage of another touching his Body.
  • For not doing of a thing which ought to be done by the Law, to the damage of another touching Suits in Law.
  • Assumpsit.
    • For the not doing of a thing which ought to be done by the agreement of the party to the damage of another, touching things hereditary.
    • General Bar.
    • For not doing of a thing which ought to be done by the agreement of the parties touching Chat∣tels.
    • The Judgment.
    • The Writ.
    • For not doing a thing which ought to be done by Agreement touching the body.
    • The Writ.
    • For not doing of a thing which ought to be done by agreement of the parties touching Suits in Law.
    • For not doing of a thing where a man is bound to do it in one manner, and he doth it in another.
    • For negligent suffering of a thing to be done to the damage of another.
    • Barr.
    • For Deceit in bargains and agreements with Warranty.
    • For deceits in Bargains and Agreements, without Warranty.
• Trover and Conversion.
  • Of what things it lies.
• Covenant.
  • subpart
  • In what Court Covenant lies, 1. Personal; 2. Real.
  • Against whom Covenant lies, 1. Personal, 2. Real.
    • For what things Covenant lies, 1. Personal; 2. Real.
  • The Count in Covenant, 1. Personal; 2. Real.
  • Writ in Covenant, 1. Personal; 2. Real.
  • The Process in Covenant, 1. Before appearance; 2. After.
  • The Bar in Covenant, 1. Personal; 2. Real.
  • Judgment in Covenant, 1. Personal; 2. Real.
  • Execution in Covenant, 1. Personal; 2. Real.
• Detinue.
  • subpart
  • In what Court Detinue lies, 1. of Chattels; 2. of Deeds for Land.
  • Who shall have a Detinue, 1. of Chattels; 2. of Deeds.
  • Against whom Detinue lies, 1. Of Chattels; 2. Of Deeds.
  • For what things Detinue lies, 1. Of Chattels; 2. Of Deeds.
  • The Count in Detinue, 1. Of Chattels; 2. Of Deeds.
  • The Writ in Detinue, 1. Of Chattels; 2. Of Deeds.
  • The Process in Detinue, 1. Before appearance. 2. After.
  • The Garnishment in Detinue, 1. Of Chattels. 2. Of Deeds.
  • Enterpleader in Detinue, 1. Of Chattels. 2. Of Deeds.
  • Barr in Detinus; 1. Of Chattels. 2. Of Deeds.
  • The Judgment in Detinue; 1. Of Chattels. 2. Of Deeds.
  • Execution in Detinue; 1. Of Defendant. 2. Against the Garnishee. 3. Of what Lands. 4. Of what Goods.
• DEBT.
  • Debt, in what Court it lies.
  • Who shall have Debt.
  • Against whom Debt lies.
  • For what things Debt lies.
  • subpart
  • The Writ in Debt; 1. In the County. 2. In Com. Ban.
  • The Process in Debt, 1. Before appearance. 2. After appearance.
  • The Judgment in Debt.
• Ejectment.
  • In what Court it lies.
  • Who shall have an Ejectione firmae.
  • Against whom Ejectment lies.
  • Of what things an Ejectmont lies.
  • The Count Generally.
  • The Writ.
  • The Process, 1. before; 2. after appearance.
  • The Barr.
  • The Judgment.
• Quare Impedit Ne admittas. Quare non admisit. Quare incumbravil.
  • In what Court it lies.
  • Who shall have a Quare Impedit.
  • Against whom a Quare Impedit lies.
  • Quare Impedit, of what disturbances it lies.
  • Quare Impedit, of what things it lies.
  • The Count in a Quare Impedit.
  • The Process in a Quare Impedit, 1. Before appearance; 2. After.
  • Barr in a Quare Impedit, 1. By the Ordinary. 2. By others.
  • These are good Causes of refusal, viz. which are above specified.
  • These are not good causes of refusal.
  • These are good causes of refusal in the Presenter.
  • Who shall plead Plenarty, and who not.
  • Against whom Plenarty is no Plea.
  • Judgment in a Quare Impedit.
    • 1. When he shall have Judgment. 2. Of what things he shall have Judgment.
    • The Writ to the Bishop, to whom it shall be directed.
    • Process in a Writ to the Bishop.
    • Of what things a man shall have Judgment.
    • A Writ to the Bishop, and single dammages, 17 Edw. 3.5. pl. 12. 24 Edw. 3.37. pl. 54.26 Edw. 3.75. pl. 25.
    • A Writ to the Bishop, and double dammages.
    • Single dammages, and no Writ to the Bishop.
    • Double dammages, and no Writ to the Bishop.
    • Two Writs to the Bishop.
    • In what Court, and what Judges have power to award a Writ to the Bishop.
  • Ne Admittas.
    • What Persin shall have it.
    • In what Cases it lies.
    • Within what time this ought to be brought.
    • The Writ.
    • The Process.
  • Quare non admisit.
    • Out of what Court this issueth.
    • What Person shall have it.
    • Against whom it lies.
    • In what Cases this lies.
    • The Writ.
    • The Count.
    • The Barr.
    • The Judgment.
  • Quare Incumbravit.
    • In what Court it shall be brought.
    • What person shall have it.
    • Against whom it lies.
    • In what Cases this lies not.
    • The Count.
    • The Process.
    • The Barr.
    • The Judgment.
• Replevin.
  • subpart
    • In what Court it lies.
      • In Ban. Regis, or Com. Ban.
    • Who shall have a Replevin.
    • Against whom a Replevin lies.
    • Of what things a Replevin lies.
    • The Writ.
    • The Process. 1. Of a man Replevied. 2. Of Chattels.
    • If the Sheriff return
  • Second Deliverance.
    • Distress.
      • In what case a man may distrain.
      • Of what things a man may distrain.
      • What Person shall distrain.
      • At what time a man may distrain.
      • In what place a man may distrain.
      • What Distress shall be sold.
      • What shall not be said a Distress excessive.
      • 1. The Barr. 2. Justification. 3. Conusance. 4. Avowry.
      • Who shall avow.
      • For what things a man may avow.
      • Seisin in Avowry in whom it may be alledged.
      • By what hands Seisin of the Rent or Services shall be alledged.
      • Within what time seisin ought to be alledged.
      • When it is not requisite to alledge Seisin.
      • What Seisin shall be good.
      • Barr to an Avowry.
      • Judgment.
• TRESPASS.
  • Trespass. In what Court Trespass lies.
  • Who shall have Trespass.
  • Against whom Trespass lies.
  • For what matters Trespass lies, viz. for doing of wrong to the dammage of another; 1. touching Inheritance: 2. touching Chattels: 3. touching the Body.
• ERROR.
  • Error.
  • Who shall have a Writ of Error.
  • The Writ of Error.
  • Diminution in Error, 1. by whom; 2. in what cases, 3. at what time.
  • The Assignment of Errors, 1. by whom; 2. at what time; 3. upon what Record; 4. of what things.
  • Bar in Error.
  • The Judgment in Error. 1. For the Plaintiff. 2. For the Defendant. 3. For both.