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 ...
About this Item
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.
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Subject terms
Actions and defenses -- England.
Civil procedure -- England.
Writs -- England.
Appellate procedure -- England.
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 1, 2024.
Pages
For not doing of a thing where a man is bound to do it in one manner, and he doth it in another.
Against him that promises to plough my land, and doth it in unseasonable time, 14 Hen. 6.18. 3 Hen. 6.36. for the Law implies he must do it for my best advantage.
Against an Attorney that takes an obligation in his own name, when it should have been in mine, 20 Hen. 6.25. Q. if an Action of Deceit do not lie.
Against a Carpenter that undertakes to build a house in such a form, and builds it in another, Nat. br. 145. G. 2. Hen. 4.9. 21 Hen. 7.41. 20 Hen. 6.35. Q. if he build it in a better form, and more for the benefit of the Owner, and to his own loss.
Against him that hath a Crane, and spoils my Merchandize,Lib. Intr. 3. C. sect. 1. this is mis∣feasance.
Against a Farrier that takes upon him to cure my Horse, and applies unwholsom Medicines, &c. 19 Hen. 6.49. whereby my Horse is made worse.
descriptionPage 117
For pricking my Horse, 46 Edw. 3.2, 3.10. Nat: br. 94. D. 18 Edw. 3 6. pl. 11. for it is the duty of an Artificer to do his office well and truly; and this is implied in Law upon his undertaking to use his art.
For misusing a License, 21 Edw. 4.76. quaere what.
Against a Serjeant at Law that is retained to plead, and mispleads, 14 Hen. 6.18. for this is misfeasance, and to his Clients prejudice it may be, but if it be not tunc quaere. To misplead is to plead otherwise than he is instructed by his Cli∣ent.