A Treatise on the Principles of Pleading in Civil Actions; Comprising a Summary View of the Whole Proceedings in a Suit at Law

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1824. Not illustrated. Excerpt: ... which ac. and the Exchequer,--each consisting, at present, beu1»ti!y of four judges. The original distribution of business among them, upon their first establishment, was as follows: the cognizance of crime, and of such matters of litigation in general, as directly concerned the crown (those relating to the revenue excepted)was exclusively appropriate to the Court of King's Bench; civil suits between subject and subject (called communia placita) to the Common Pleas; and matters relating to the royal revenue, to the Exchequer (c). In course of time, considerable violations of this arrangement took place, usurpation on the province of the Common Pleas being made by each of the other courts. Of these changes the general result is as follows. The King's Bench has now jurisdiction not only in those matters which belonged to it by its original constitution, but in all personal actions whatever. The case is the same with the Exchequer; but both these courts are still excluded from the cognizance of actions real and mixed(d). The Common Pleas retains its original province, and therefore entertains all actions whatever between subject and subject, whether of the real, mixed, or personal class. An action is commenced in the King's Bench or Common Pleas, either by original writ or by bill; (c) Introd. to Sellon's Pract., Sect. XXIV. 3 Bl. Com. 44. (rf) Hales' Disc, of the K. B. and C. P. (in Harg. Law Tracts) Ch. IV. With respect, however, to the K. B. this author excepts the following mixed actions: Assize, Ejecliojirmee,&ud Ejeclio cuttodiie. in the Exchequer, by bill only. Of these methods of proceeding, the former is the regular and ancient one; and the latter is in the nature of an exception to it. The proceeding by original writ consequently claims the first not...