 | Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - American fiction - 1824 - 586 pages
...reported 1 Barnewall & Alderson, 460. ' The general law of the land is in favor of wager of battel, and it is our duty to pronounce the law as it is,...the land, the Court must pronounce judgment for it.' In that case, if the heart of the plaintiff had not failed him, the Judges must not only have awarded... | |
 | Basil Montagu, John M'Arthur - Bankruptcy - 1830 - 524 pages
...of the land is in favour of the wager of battle, and it is our duty to pronounce the law as it is, we may wish it to be. Whatever prejudices therefore...the land, the Court must pronounce judgment for it." The appeal failed, and this suit by battle was abolished by parliament, (a) Assuming, therefore, what... | |
 | Great Britain. Court of Chancery, Basil Montagu, John MacArthur - Bankruptcy - 1830 - 520 pages
...v. Thornton, 1 B. §• A. 460. " The general law of the land is in favour of the wager of battle, and it is our duty to pronounce the law as it is, In the matter and not gs we may W|sl1 it to be- "Whatever prejudices MARSH therefore may justly exist... | |
 | Law - 1837 - 528 pages
...appellee. Lord Ellenhoroiigh, C. J.—The general 1атг of the land is in favour of the wager of battel, and it is our duty to pronounce the law as it is,...the land, the Court must pronounce judgment for it. Gurneij then, on the part of the appellant, prayed time for a day or two to consider whether the appellant... | |
 | Great Britain. Courts - Ecclesiastical law - 1843 - 662 pages
...said Lord Ellenborough ? " The general law of the land is times, in favour of the wager of battel, and it is our duty to pronounce the law as it is,...the land, the Court must pronounce judgment for it." But if I were at liberty, notwithstanding, to pronounce ancient remedies inefficient or obsolete, could... | |
 | Augustus Charles VELEY - Church tax - 1843 - 274 pages
...privilege was claimed ? He said, " The general law of the land is in favour of the wager of battle, and it is our duty to pronounce the law as it is, and not as we wish it to be. Whatever prejudices, therefore, may justly exist against this mode of trial, still as... | |
 | William Calverley Curteis - Ecclesiastical law - 1844 - 938 pages
...barbarism ? Lord Ellenborough said, (a) " the general law of the land is in favour of the wager of battle, and it is our duty to pronounce the law as it is,...the land, the Court must pronounce judgment for it." But if I were at liberty to pronounce the ancient remedies insufficient or obsolete, could I invent... | |
 | George Lillie Craik, Charles MacFarlane - Great Britain - 1846 - 900 pages
...the abolition, "is in favor of the wager of battle, and it is our duty to pronounce the law as it ie, and not as we may wish it to be. Whatever prejudices,...trial, still, as it is the law of the land, the court muet pronounce judgment for it." — Barnewall and Alderson'i Report», i. 460. CHAP. HI.] HISTORY... | |
 | Sir Matthew Hale - Criminal law - 1847 - 774 pages
...delivering the Dpinion of the Court, said, "The general law of the land in in favour of the wager of battel, and it is our duty to pronounce the law as it is,...trial, still, as it is the law of the land, the court musl pronounce judgment for it." Sir Samuel Shepherd, the Attorney General, immediately introduced... | |
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The general law of the land is in favor of the wager of battle, and it is our duty to pronounce the law as it is, and not as we may wish it to be. Whatever prejudices, therefore, may justly exist against this mode of trial, still, as it is the law of... 
