>>> Item number 487, dated 94/02/16 19:29:01 -- ALL

Date:         Wed, 16 Feb 1994 19:29:01 -0600
Reply-To:     Legal History discussion list <H-LAW@UICVM.BITNET>
Sender:       Legal History discussion list <H-LAW@UICVM.BITNET>
From:         cfcrw@uxa.ecn.bgu.edu
Subject:      citation to Coke in John Marshall

In one of his circuit court opinions, John Marshall quoted a phrase of Lord Coke--"the exclusion of a conclusion." Can anyone out there give me a chapter and verse citation of this quotation?

Charles F. Hobson
The Papers of John Marshall
College of William and Mary
(804) 221-2412
E-Mail: cfhobs@mail.wm.edu

>>> Item number 489, dated 94/02/17 12:12:46 -- ALL

Date:         Thu, 17 Feb 1994 12:12:46 -0600
Reply-To:     Legal History discussion list <H-LAW@UICVM.BITNET>
Sender:       Legal History discussion list <H-LAW@UICVM.BITNET>
From:         cfcrw@uxa.ecn.bgu.edu
Subject:      Re: citation to Coke in John Marshall

The citation to Coke is in THOMAS & HENRY v. UNITED STATES, 23 F.Cas. 988; 1 Brock 367 (1818).

Stephen Smith
Communication
University of Arkansas
Libertas@comp.uark.edu

>>> Item number 493, dated 94/02/19 07:18:24 -- ALL

Date:         Sat, 19 Feb 1994 07:18:24 -0600
Reply-To:     Legal History discussion list <H-LAW@UICVM.BITNET>
Sender:       Legal History discussion list <H-LAW@UICVM.BITNET>
From:         cfcrw@uxa.ecn.bgu.edu
Subject:      Re: citation to Coke in John Marshall

      It might also be of some interest to some of you an earlier

running joke of the 16th century about the Court of King's Bench by the developing legal profession. They were courts of "oyer sans terminer" (being known originally as courts of oyer et terminer and gaol delivery). That is, roughly, courts to hear, try, without determining, as opposed to hear, try, and determine.

      Rob K. Omura,
      Univ. of Calgary