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Somerset County Judicial Records, 1693-1694
Volume 407, Preface 4   View pdf image (33K)
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infers a promise (though no formal one has passed) from the conduct of the party
or the circumstances of the case.
A common law form of action which lies for the recovery of damages for the non-
performance of a parol or simple contract; or a contract that is neither of record
nor under seal. A liberal and equitable action, applicable to almost every case
where money has been received which in equity and good conscience ought to be
refunded; express promise is not necessary to sustain action, but it may be
maintained whenever anything is received or done from the circumstances of
which the law implies a promise of compensation. The action of assumpsit
differs from trespass and trover, which are founded on a tort, not upon a contract;
from covenant and debt, which are appropriate where the ground of recovery is a
sealed instrument, or special obligation to pay a fixed sum, and from replevin,
which seeks the recovery of specific property, if attainable, rather than of
damages. (Black's Law Dictionary, 6th ed., Henry Campbell Black, p. 122, West
Pub. Co., St. Paul, MN, 1990)

Attached

1. Arrested, seized under warrant of attachment. (The Oxford English Dictionary,
Vol. 1, A-Bazouki, p. 759, Clarendon Press, Oxford, 1989)

Attachment

The legal process of seizing another's property in accordance with a writ or
judicial order for the purpose of securing satisfaction of a judgement yet to be
rendered. The act or process of taking, apprehending, or seizing persons or
property, by virtue of a writ, summons, or other judicial order, and bringing the
same into the custody of the court for the purpose of securing satisfaction of the
judgement ultimately to be entered in the action. While formerly the main
objective of attachment was to coerce the defendant debtor to appear in court by
seizer of his property, today the writ of attachment is used primarily to seize the
debtor's property in order to secure the debt or claim of the creditor in the event
that a judgment is rendered. The remedy of attachment is governed strictly by
state statutes, with such differing considerably as to when attachment is available
(the majority of states providing that such is available at or after the commence-
ment of the main action until entry of judgment). Federal courts follow the local
rules or statutes relating to attachment, (etc). (Black's Law Dictionary,
Henry Campbell Black, 6th ed., p. 126, West Pub. Co., St. Paul, MN, 1990)

Bayliwick

Bailiwick. A territorial segment over which a bailiff or sheriff has jurisdiction;
not unlike a county in today's governmental divisions (Black's Law Dictionary,
Henry Campbell Black, 6th ed., p. 141, West Pub. Co., St. Paul, MN, 1990)

Bill Obligatory

A bond absolute for the payment of money . It is called also "a single bill," and
differs from a promissory note only in having a seal. (Black's Law Dictionary,
Henry Campbell Black, 6th ed., p 165, West Pub, Co, St. Paul, MN, 1990)



 
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Somerset County Judicial Records, 1693-1694
Volume 407, Preface 4   View pdf image (33K)
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