 ... contention, or endanger the peace of society. If, for instance, my horse is taken away, and I find him in a common, a fair, or a public inn, I may lawfully seize him to my own use; but I cannot justify breaking open a private stable, or entering on...  Reports of Cases Argued and Determined in the Court of Common Pleas, and ... - Page 183by Great Britain. Court of Common Pleas, Peregrine Bingham - 1834Full view - About this book
 | Francis Taylor Piggott - Torts - 1885 - 448 pages
...exertion must occasion strife and bodily contention, or endanger the peace of society. If, for instance, my horse is taken away, and I find him in a common,...stolen, but must have recourse to an action at law." But this rule is strictly applied to trespass on the land of a third party not the wrongdoer ; therefore,... | |
 | William Blackstone - Law - 1890 - 640 pages
...instance, my horse is taken away, and I find him in a common, a fair, or a public inn, I may lawfully seise him to my own use : but I cannot justify breaking...stolen;' but must have recourse to an action at law."; III. As recaption is a remedy given to the party himself, for an injury to his personal property, so... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Edward Potton, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1898 - 858 pages
...exertion must occasion strife and bodily contention, or endanger the peace of society. If, for instance, my horse is taken away, and I find him in a common,...stolen; but must have recourse to an action at law." A case has been suggested in which the owner might have no remedy where the 'occupier of the soil might... | |
 | Francis Reynolds Yonge Radcliffe, Sir John Charles Miles - Torts - 1904 - 648 pages
...exertion must occasion strife and bodily contention, or endanger the peace of society. If, for instance, my horse is taken away, and I find him in a common,...stolen ; but must have recourse to an action at law VA case has 1ssa. been suggested in which the owner might have no remedy where AKTHOSV . the occupier... | |
 | James Barr Ames, Jeremiah Smith - Torts - 1910 - 930 pages
...exertion must occasion strife or bodily contention, or endanger the peace of society. If, for instance, my horse is taken away, and I find him in a common,...stolen, but must have recourse to an action at law." A case has been suggested in which the owner might have no remedy where the occupier of the soil might... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1911 - 1020 pages
...(J9« (3 M. & W. -183) BUKRIDOB my own use; but I cannot justify breaking open a private NICHOLETTB. stable, or entering on the grounds of a third person,...stolen, but must have recourse to an action at law.") Then with respect to the County Court Rules framed in pursuance of the 19 & 20 Viet. c. 108, s. 32.... | |
 | John Henry Wigmore - Torts - 1912 - 1076 pages
...peace of society. If, for instance, my horse is taken away, and I find him in a common, a fair, or public inn, I may lawfully seize him to my own use:...stolen; but must have recourse to an action at law. SUB-TOPIC A. BY BATTERY 578. CHARLES VINER. A General Abridgment of Law and Equity. (2d ed., 1793,... | |
 | Charles Erehart Chadman - Law - 1912 - 624 pages
...lawfully seize him to my own use; but I cannot justify breaking open a private stable, or entering the grounds of a third person, to take him, except...stolen ;(/) but must have recourse to an action at law. III. As recaption is a remedy given to the party himself, for an injury to his personal property, so... | |
 | William Blackstone - Law - 1916 - 1376 pages
...force. He is not bound to stand by and submit to wrongful dispossessiou or larceny when he can stop horse is taken away, and I find him in a common, a...stolen; ' but must have recourse to an action at law. § 9. (3) Re-entry on land. — As recaption is a remedy given to the party himself, for an injury... | |
 | Law reports, digests, etc - 1920 - 1178 pages
...exertion must occasion strife and bodily contention, or endanger the peace of society. If, for instance, my horse is taken away, and I find him in a common,...stolen, but must have recourse to an action at law." The evidence of the defendants tended to4 show that Kutler was a violent man; that he hud made threats... | |
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