2. Maitlands conclusions that trespass grew out of the appeal of felony and that case drew its...
Question:
2. Maitland’s conclusions that trespass grew out of the appeal of felony and that case drew its authority from the Statute of Westminster II are debatable. Others have found the root of trespass in the assize of novel disseisin, in the proceedings of local courts, and in queralae (“innominate” actions without writ frequently found in the records of royal courts throughout the thirteenth century). The diversity of opinion is comprehensively reported in Fifoot, History and Sources of the Common Law Tort and Contract 44 56, 66 74 (1949), a book of very great value in the study of the forms. See also Milsom, Historical Foundations of the Common Law 244 70 (1969).
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Civil Procedure Cases And Materials
ISBN: 9780314280169
11th Edition
Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff