Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1847-06-04
For the Free Press.
A NEW LAW-DICTIONARY.
JAcoBs ILLUSTRATED.

bh AN ATTORNEY.
AcrIoN-Actons are of two kinds, civil and crimi-
nal 10 " bt' your ncighbor's note at the Bank is
civil acton-very but il you lift his shop i, is shop
l'i'ing' winch is criminal action, and heavy offence
against the laws OF dccorum and gravity. 1t is a rule
oil the law That most personal actions die with the
person and rice rcrsa, sometimes the person dies
with the action, rs where one by accident or design
blows ont his "bref candle" with pistol or other
summary ex,inguislcr
1t was anccntly held that all real notions survive
the person" but this doctrine was somewhat modified
by Chief Baron Shakespeare, uni. Cqs, Act 3. Sc. o.
who distinctly aIirms that the rule is only appicable
to actions of reprchcnsblc character--or real bad
| actions
The erH that men do, live after them,
The good is Oft inferred with their bones,
Obstructing ones ancient light" is ground of nc
tion but for " Constructions of the liver" no lepal
remedy has been devised, which seems an unaccoun-
able omission OF the law.
If man sell horse and warrant him to be ",reod
'un TO co. and it turns out that the beast has no ac
ton to support the warranty, the warranty will sup
port action.
Acrs OF AGEHr.--I is maxim of the law oii
facit per alum, faclt per Sc which means thai, when
one procures another to do certain act he cannot
|
ii himself"
ASSUMrS1T-trom 0Ssum0-signies any promise to
do or to pay Co. Lit % and the promise need not
be express, but may be Intended, or implied Thus, if
one wrongluly take my horse am at liberty to ,raire
the tort, g. e lay aside by graceful motion to the
court and sue in assumpsit For the law intends that
the thci promised to pay me for the horse, which i'll
| tenjment, since the rogue never intended any thing
OF the kind, is very kind of the law This however,
is matter of ctIon-to which the law is extremely
partial. See Norels of Justinian
| Wherever Indebtedness is shown the law presunee
an assumpslt. or promise to pay. Indeed, the pre-
sumption OF the law las well as that of the awversl il
excessive, and sometimes manil,stlv absurd - ms
Where the law prcslncs TINT every man s master of
his own wife which violent presumption it has
, been recently held In re Bumbie ct uror-Ov. Twist
that the law is an ass
Where money is paid by mistake, (Which is not
| common, the mistake generally consisting in nom
payment assumpsit lies and, provided the adverse
witnesses do not lie also the plaintiff will recover back
his money. But it is now settled that where one PAYS
money to public charity under mistaken notion
that the donation would be published in the Gazette.
assumpslt will not lie to recover back the money
| ATTACHMENT An attachment saith Lord Coke
" is compulsory process to bring to court"
and herein is manifest the mercy of the law. which
confines this arbitrary power the discretion of wise
and learned Judges, who will not lightly issue this
process at the instance of impatient widows and des-
perate spinstcrs.
1t is noteworthy that in the Court of Cupid the at
tachment should regularly, prcccde the declaration
while in the Kings Bench the contrary is the usual
practice. As TO the ground Of attachment in the
former court, the rule to be very UNEQUAL and
uncertain. A manor i'll some cases has been held
8 sufficient ground for very strong attachment
while, in others, all the manners in the world have