Legal Maxims; With Observations and Cases

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 Excerpt: ... it was held that an action on the case would not lie, the nominee having no interest; the lord of the manor not being a ministerial officer, and there being no special custom of the manor to meet such a case; the lord of the manor being as a trustee, who cannot be sued at common law for refusing to act. And this maxim was used by the Court to. show the inconvenience of permitting such innovations in the established practice of the courts. In an action for slander, which is a transitory action, the plaintiff in his declaration laid the words spoken as in London; the defendant pleaded a concord for speaking words in all counties of England save London, and traversed the speaking the words in London. The plaintiff replied denying the concord, whereupon the defendant demurred, and judgment was given for the plaintiff. And in that case the Court said, that if the concord should not be traversed, it would follow that, by a new and subtle invention of pleading, the ancient principle of law which allowed transitory actions to be tried in any county would be subverted; and, therefore, the Court allowed a traverse upon a traverse. Lord Coke says in reference to this maxim: that the wisdom of the judges and sages of the law has always suppressed new and subtle inventions in derogation of the common law, nor will they change the law which always has been used; and that it is better to be turned to a fault than that the law should be changed or any innovation made. He calls it an excellent part of legal learning, that when any innovation or new invention starts up, to try it by the rules of common law; for that they are the true touchstones to sever the gold from the dross of novelties and new inventions. The same principle has always governed our judges and sages in t...