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Updated: May 2, 2025
Conversely, there are actions relating to usufructs, and to rustic and urban servitudes, of a contrary import, which lie at the suit of plaintiffs who deny their opponent's right of usufruct, of going or driving cattle, of drawing water, of raising their house, or having an uninterrupted view, of projecting some building over the plaintiff's land, or of resting the beams of their house in the plaintiff's wall.
In the majority of cases, the monitory, which had, as a fact, been instituted in order to encourage informers in the name of religion, was a marvel of ridiculous atrocity; it frequently set forth the crime and all the imaginary circumstances the plaintiffs were eager to prove; it was, in short, the publication of a ready-made case, which gave the first knave that came a chance of earning some money by making a lying deposition in favour of the highest bidder.
Wherefore the plaintiffs now sued for the recovery of the value of their whale, line, harpoons, and boat. Mr. Erskine was counsel for the defendants; Lord Ellenborough was the judge.
But then comes the triumph of triumphs, that will make the accused look up, while the accusers are covered with confusion. Make room there! stand by! give back! One receiving a rap, another an elbow, half a score a push a piece! Enter the slow-moving, hooded-faced, down-looking plaintiffs.
The jury, who for six weeks had had her described to them by the plaintiffs as an arch, wily enchantress, who had sapped the failing reason of Jim Byways, revolted to a man. There was something so appallingly gratuitous in her plainness, that it was felt that three millions was scarcely a compensation for it.
This tendency Henry followed in granting the use of the primitive jury generally to his subjects in certain classes of cases, to defendants in the Great Assize to protect their freehold, to plaintiffs in the three assizes of Mort d'Ancestor, Novel Disseisin, and Darrein Presentment to protect their threatened seisin.
There were admirers of Putney: workmen of rebellious repute and of advanced opinions on social and religious questions; nonsuited plaintiffs and defendants of shady record, for whom he had at one time or another done what he could.
Then it came about that the accusers themselves, those who had made the defamatory charges against us, joined with the members of the Commission to investigate the accusations, so that plaintiffs, witnesses and judge were all one and the same, and the conclusion was foregone.
In the same Bible was an entry of the plaintiffs baptism, signed by the officiating clergyman. A brooch was produced with the name of Jane Gookin upon it, and a portrait of the claimant's mother, as well as a letter addressed by Sir Hugh Smyth to his wife on the eve of her delivery, in which he introduced a nurse to her.
The general question is, whether the acts of the legislature of New Hampshire of the 27th of June, and of the 18th and 26th of December, 1816, are valid and binding on the plaintiffs, without their acceptance or assent. The charter of 1769 created and established a corporation, to consist of twelve persons, and no more; to be called the "Trustees of Dartmouth College."
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