KFLCC Kingdom Law 2nd Ed.

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COMMON PLEAS

COMMON LAW

law comprises the body of those principles and rules of action, relating to the govern ment and security of persons and property, which derive their authority solely from usages and customs of immemorial antiquity, or from the judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs; and, in this sense, particularly the ancient unwritten law of England. Western Union Tel. Co. v. Call Pub. Co., 181 U. S. 92, 21 Sup. Ct. 561, 45 L. Ed. 765; State v. Buchanan, 5 Har. & J. (Md.) 365, 9 Am. Dec. 534; Lux v. Haggin, 69 Cal. 255, 10 Pac. 674; Barry v. Port Jer vis, 64 App. Div. 268, 72 N. Y. Supp. 104. 3. As distinguished from equity law, it ia a body of rules and principles, written or un written, which are of fixed and immutable authority, and which must be applied to con troversies rigorously and in their entirety, and cannot be modified to suit the peculiari ties of a specific case, or colored by any judi cial discretion, and which rests confessedly upon custom or statute, as distinguished from any claim to ethical superiority. Kle ver v. Seawall, 65 Fed. 395, 12 C. C. A. 661. 4. As distinguished from ecclesiastical law, it is the system of jurisprudence adminis tered by the purely secular tribunals. 5. As concerns its force and authority in the United States, the phrase designates that portion of the common law of England (in cluding such acts of parliament as were ap plicable) which had been adopted and was in force here at the time of the Revolution. This, so far as it has not since been expressly abrogated, is recognized as an organic part of the jurisprudence of most of the United States. Browning v. Browning, 3 N. M. 371, 9 Pac. 677; Guardians of Poor v. Greene, 5 Bin. (Pa.) 557; U. S. v. New Bedford Bridge, 27 Fed. Cas. 107. 6. In a wider sense than any of the fore going, the "common law" may designate all that part of the positive law, juristic theory, and ancient custom of any state or nation which is of general and universal applica tion, thus marking off special or local rules or customs. As a compound adjective "common-law" is understood as contrasted with or opposed to "statutory," and sometimes also to "equi table" or to "criminal." See examples below. -Common-law action. A civil suit, as dis tinguished from a criminal prosecution or a proceeding to enforce a penalty or a police regu lation ; not necessarily an action which would lie at common law. Kirby v. Railroad Co. (C. C.) 106 Fed. 551; U. S. v. Block, 24 Fed. Cas. 1,174.— Common-law assignments. Such forms of assignments for the benefit of creditors as were known to the common law, as distin guished from such as are of modern invention or authorized by statute. Ontario Bank v. Hurst, 103 Fed. 231, 43 C. C. A. 193.— Com mon-law cheat. The obtaining of money or property by means of a false token, symbol, or device; this being the definition of a cheat or "cheating" at common law. State v. Wilson, 72 Minn. 522, 75 N. W. 715; State v. Renick,

33 Or. 584, 56 Pac. 275, 44 L. R. A. 266, 72 Am. St. Rep. 758.— Common-law conrts. In England, those administering the common la,w Equitable L. Assur. Soc. v. Paterson, 41 Ga. 364, 5 Am. Rep. 535.— Common-law crime. One punishable by the force of the common law, as distinguished from crimes created by statute. In re Greene (C. C.) 52 Fed. 104.— Common-law jurisdiction. Jurisdiction of a court to try and decide such cases as were cognizable by the courts of law under the Eng lish common law; the jurisdiction of those courts which exercise their judicial powers ac cording to the course of the .common law. Peo ple v. McGowan, 77 111. 644, 20 Am. Rep 254; In re Conner, 39 Cal. 98, 2 Am. Rep. 430; U. S. v. Power, 27 Fed. Cas. 607.— Common-law lien. One known, to or granted by the com mon law, as distinguished from statutory, equi table, and maritime liens; also one arising by implication of law, as distinguished from one created by the agreement of the parties. The Menominie (D. C.) 36 Fed. 197; Tobacco Ware house Co. v. Trustee, 117 Ky. 478. 78 S W. 413, 64 L. R. A. 219.— Common-law mar riage. One not solemnized in the ordinary way, but created by an agreement to marry, followed by cohabitation; * a consummated agreement to marry, between a man and a woman, per verba de prsesenti, followed by co habitation. Taylor v. Taylor, 10 Colo. App. 303, 50 Pac. 1049; Cuneo v. De Cuneo, 24 Tex. Civ. App. 436, 59 S. W. 284; Morrill v. Palm er, 68 Vt. 1, 33 Atl. 829, 33 L. R. A. 411.— Common-law mortgage. One possessing the characteristics or fulfilling the requirements of ». Sortgage at common law; not known in Louisiana, where the civil law prevails; but such a mortgage made in another state and af fecting lands in Louisiana, will be given effect there as a "conventional" mortgage, affecting third persons after due inscription. Gates v. Gaither, 46 La. Ann. 286, 15 South. 50.— Common-law procedure acts. Three acts of parliament, passed in the years 1852, 1854, and 18G0, respectively, for the amendment of the procedure in the common-law courts. The common-law procedure act of 1852 is St. 15 & 16 Vict. c. 76; that of 1854, St. 17 & 18 Vict. c. 125; and that of I860. St. 23 & 24 Vict. c. 126. Mozley & Whitley.— Common law -wife. A woman who was party to a "common-law marriage," as above # defined; or one who, having lived with a man in, a relation of concubinage during his life, asserts a claim, after his death, to have been his wife according to the requirements of the common law. In re Brush, 25 At>p. Div. 610, 49 N. Y. Supp. 803. — Common lawyer. A lawyer learned in the common law. Common opinion is good authority in law. Co. Litt. I860; Bank of Utica v. Mer sereau, 3 Barb. Ch. (N. Y.) 528, 577, 49 Am. Dec. 189. COMMON PLEAS. The name of a court of record having general original jurisdic tion in civil suits. Common causes or suits. A term anciently used to denote civil actions, or those depend ing between subject and subject, as distin guished from pleas of the crown. Dallett v. Feltus, 7 Phila. (Pa.) 627. COMMON PLEAS, THE COURT OF. In English law. (So called because its orig inal jurisdiction was to determine controver sies between subject and subject) One of the three superior courts of common law at Westminster, presided over by a lord chief