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20 Aug 1804
Calling a man coward
or giving him the
lie
... as they are productive
of no immediate
damage to his
person or property, no
action will lie in the
courts at Westminster
III 104.
As the courts of common
law have obtained
a concurrent jurisdiction
with the court of chivalry
with regard to foreign
contacts, by supposing
them made in England;
so it is no uncommon
thing for a plaintiff to
feign that a contract,
really made at sea, was
made at the regard exchange,
at the royal exchange,
or other inland
place, in order to draw
the cognizance of the
suit from the courts of
Admiralty to there of
Westminster Hall.
III 109.
If the inferior
judge or other person
... returns a sufficient
cause, [to a mendanus] although it
should be false in fact,
the court of King's Bench
will not trie the truth
if the fact upon affidavits;
but will for the
present believe him,
& proceed no further on
the mandanus.
III 111.
Method of proceeding
upon prohibitions...
the party applying for
the prohibition is directed
by the court to declare
in prohibition; that is,
to prosecute an action,
by filing a declaration,
against the other, upon
supposition, or fiction, that
he has proceeded in the
suit below, notwithstanding
the writ of prohibition.
III 113.
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The remedy for this
[threats & menaces
for bodily hurt] is in
pecuniary damage, to be
recovered by action of
trespass vi et armis.
III 120.
Where an act is done
which is in itself an
immediate injury to
another's person or property,
there the remedy
is usually by an action
of trespass vi et
armis.
III 123.
With regard to libels
in general, there are...
two remedies; one by
indictment, & another by
action. The former for
the public offence; for
every libel has a tendency
to break the peace,
or provoke others to
break it &
III 125.
False imprisonment
a heinous public crime.
III 127.
False imprisonment
... may arise by executing
a lawful warrant or
process at an unlawful
time, as on a Sunday.
III 127, 128
Abduction, or taking
away a man's wife...
...may either be by fraud
& persuasion, or open
violence: though the law
in both cases supposes
constraint, the wife
having no power to consent;
& therefore gives
a remedy by writ of
ravishment, or action
trespass vi et armis,
di uxore rapta et abducta.
III 139
In action of debt the
plaintiff must recover
the whole debt he claims,
or nothing at all.
For the debt is one
single cause of action,
fixed and determined,
& which therefore, if
the proof varies from
the claim, cannot be
looked upon as the
same contract whereof
the performance is sued for.
III 154
In an action on the
case, on what is called
on indebitatus assumpsit
I may declare
that the debt, being
indebted to me in £20,
undertook or promised
to pay it, but failed; &
lay my damages
arising from such failure
at what sum I
please.
III 155
Whatever therefore
the laws order any once
to pay, that becomes instantly
a debt, which he
hath beforehand contracts
to discharge. And this implied
agreement it is, that
gives the pltf a right to
institute a second action,
founded merely on the general
contract, in order to recover
such damages, or sum of
money, as are assessed by
the jury & adjudged by the
court to be due from the deft
to the pltf in any former
action. So that if he hath
once obtained a judgment
as another for a certain
sum, & neglects to take out
execution thereupon, he may
afterwards bring an action
of debt upon this judgment,
& shall not be put upon the
proof of the original cause of
action; but upon shewing the
judgmt once obtained, still in
full force, & yet unsatisfied, the law
immediately implies, that by
the original contract of society
the deft hath contracted a
debt & is bound to pay it.
III 158,
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