The plaintiff must prove that he has re-entered into possession, his title during the period for which he claims, the fact that the defendant has been in possession during that period, and the amount of the mesne profits.
Among its members we find an Erni Winkelried acting as a witness to a contract of sale on the 1st of May 1367, while the same man, or perhaps another member of the family, Erni von Winkelried, is plaintiff in a suit at Stans on the 29th of September 1389, and in 1417 is the landamman (or head man) of Unterwalden, being then called Arnold Winkelriet.
Ten days later, the plaintiff crossed the fence in upon the land, with a law agent, a witness and a pair of horses yoked or harnessed, and in a loud voice stated the amount of the debt and called upon the defendant to pay it according to law.
When a defendant was of rank superior to that of the plaintiff, distress had to be preceded by troscad (=fasting).
The plaintiff having made his demand and waited a certain time without result, went and sat without food before the door of the defendant.
If a plaintiff having duly fasted did not receive within a certain time the satisfaction of his claim, he was entitled.
In cases involving cross actions with mutual accounts, say between an Englishman and a German, if the German constitutes himself plaintiff he must sue his opponent before the British court, and vice versa.
The principal grounds for divorce are impotence, bigamy, adultery, conviction of felony or other infamous crime subsequent to the marriage or before the marriage if unknown to the other party, desertion or habitual drunkenness for one year, such cruel or barbarous treatment as to endanger the life of the other, such conduct as to render the condition of the other intolerable, and vagrancy of the husband; but before applying for a divorce the plaintiff must reside in the state for one year immediately preceding, unless the cause of action was given within the state or while the plaintiff was a resident of the state.
When a divorce is granted, the defendant is not permitted to marry other than the plaintiff for three years, unless the plaintiff dies.
An example of this is found in the ninth canon of Chalcedon, which also illustrates the enforcement upon a clerical plaintiff in dispute with a brother cleric of that recourse to the arbitration of their ecclesiastical superior already mentioned.
Before applying for an absolute divorce the plaintiff must have resided in the state for the year next preceding, unless the cause of action is adultery committed while the plaintiff was a resident of the state.
The causes for a divorce are cruelty, adultery, desertion for three years, or conviction after marriage of a felony and imprisonment in the state prison without being pardoned within one year after conviction; the plaintiff must reside in the county six months before beginning suit.
A petition for a divorce may be presented after a residence within the state of one year immediately preceding, and a decree may be granted against the defendant if judged guilty of adultery, desertion for two years without reasonable cause, habitual drunkenness, such inhuman treatment as to endanger the life of the plaintiff, or if convicted of felony after marriage.
Three of the four judges allowed the defence of the cardinal to be valid; but it was held that the papal rescript upon which he relied for his extraordinary powers as delegate was illegal under statute; and the lord chief justice decided that the plaintiff could not renounce his natural and civil liberty.
Before filing a petition for a divorce the plaintiff must have resided within the state at least one year.
In the Amisgerichi a private litigant may conduct his own case; but where the object of the litigation exceeds 300 marks (g15), and in appeals from the Amisgerichi to the Land gericht, the plaintiff (and also the defendant) must be represented by an advocate Rechtsanwalt.
Milbourn (1867) the defendant had broken his contract to let a lecture-room to the plaintiff, on discovering that the intended lectures were to maintain that "the character of Christ is defective, and his teaching misleading, and that the Bible is no more inspired than any other book," and the court of exchequer held that the publication of such doctrine was blasphemy, and the contract therefore illegal.
The plaintiff, even if he were under another lord, was obliged to sue in the court of the defendant's lord, and the portion of the fine ' F.