The Common Law Procedure Act, 1854: With Treatises on Injunction and Relief, Also a Treatise on Inspection and DiscoveryS. Sweet, 1854 - 351 pages |
From inside the book
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Page 7
... further noticing that which relates to bills for discovery and relief . Bill of A bill of discovery in equity may be described as Nature of a bill which asks no relief ; but which simply seeks Discovery . the discovery of facts resting ...
... further noticing that which relates to bills for discovery and relief . Bill of A bill of discovery in equity may be described as Nature of a bill which asks no relief ; but which simply seeks Discovery . the discovery of facts resting ...
Page 8
... further information which is obtained in a later stage by a motion for production and inspection of them ( e ) ; a distinction which must never be lost sight of when it is attempted to apply the rules and practice of the Courts of ...
... further information which is obtained in a later stage by a motion for production and inspection of them ( e ) ; a distinction which must never be lost sight of when it is attempted to apply the rules and practice of the Courts of ...
Page 10
... further order thereon as shall be just . " The power which is conferred by this section is limited to those documents , to the production of which the applicant is entitled " for the purpose of discovery or otherwise . " The cases in ...
... further order thereon as shall be just . " The power which is conferred by this section is limited to those documents , to the production of which the applicant is entitled " for the purpose of discovery or otherwise . " The cases in ...
Page 17
... further this requirement , since it will be seen that the inspec- tion which is given by the 14 & 15 Vict . c . 99 , to ( e ) Brown v . Dudbridge , 2 Bro . Ch . c . 321 . ( f ) Wigram on Discovery , sect . 82 , and the cases referred to ...
... further this requirement , since it will be seen that the inspec- tion which is given by the 14 & 15 Vict . c . 99 , to ( e ) Brown v . Dudbridge , 2 Bro . Ch . c . 321 . ( f ) Wigram on Discovery , sect . 82 , and the cases referred to ...
Page 28
... further here . ( c ) Herbert v . The Dean and Chapter of Westminster , 1 Peere Wms . 773 ; Bettison v . Farringdon , 3 Ib . 363 ; Hardman v . Ellames , 2 Myl . & K. 732. See , however , the observations on the latter case in Wigram on ...
... further here . ( c ) Herbert v . The Dean and Chapter of Westminster , 1 Peere Wms . 773 ; Bettison v . Farringdon , 3 Ib . 363 ; Hardman v . Ellames , 2 Myl . & K. 732. See , however , the observations on the latter case in Wigram on ...
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The Common Law Procedure ACT, 1854: With Treatises on Injunction and Relief ... Henry Thurstan Holland No preview available - 2015 |
Common terms and phrases
action admit affidavit alleged allowed amount answer appear application attorney Beav bill bound breach brought called cause Chanc cited claim Common Law Company compel considered contract Corporation costs Courts of Common Courts of Equity Courts of Law covenant damages deeds defendant defendant's discovery documents doubt Duke effect enforce entitled established evidence execution exercise existence fact fraud further give given granted ground Hare hearing held injunction inspection instance interest interfere issue Judge judgment junction jurisdiction justice London Lord matter ment nature necessary notice objection observed obtained party patent performance person plaintiff Plead Pleas possession practice prevent principle proceedings production protection question Railway Company reason reference refused relating relief respect restrain rule sect seeking sought specific statute sufficient suit taken tion trial Vict witness writ
Popular passages
Page 224 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 219 - A party producing a Witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the Witness shall in the opinion of the Judge prove adverse, contradict him by other Evidence, or by leave of the Judge prove that he has made at other times a statement inconsistent with his present testimony...
Page 10 - Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, defender of the faith, to the sheriff...
Page 276 - And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.
Page 219 - I, AB, do solemnly, sincerely, and truly affirm and declare, that the taking of any oath is, according to my religious belief, unlawful ; and I do also solemnly, sincerely, and truly affirm and declare, &c.
Page 241 - Courts, except replevin and ejectment, may endorse upon the writ and copy to be served a notice that the plaintiff intends to claim a writ of mandamus, and the plaintiff may- thereupon claim in the declaration, either together with any other demand which may now be enforced in such action, or separately, a writ of mandamus commanding the defendant to fulfil any duty in the fulfilment of which the plaintiff is personally interested.
Page 67 - ... judge, may at any other time deliver to the opposite party, or his attorney (provided such party, if not a body corporate, would be liable to be called and examined as a witness upon such matter), interrogatories in writing upon any matter as to which discovery may be sought...
Page 17 - The plaintiff claims £ for debt, and £ for costs, and if the amount thereof be paid to the plaintiff or to his attorney within four days from the service hereof further proceedings will be stayed.
Page 215 - If the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award.
Page 253 - Courts in which, if judgment were obtained, he would be entitled to relief against such judgment on equitable grounds, to plead the facts which entitle him to such relief by way of defence, and the said Courts are hereby empowered to receive such defence by way of plea; provided that such plea shall begin with the words " For defence on equitable grounds,