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 6
... grounds upon which dis- covery is granted in Courts of Equity , divested , as far as possible , of those technical rules which de- pend upon the form which a suit in equity may assume , the particular stage of that suit , or the ...
... grounds upon which dis- covery is granted in Courts of Equity , divested , as far as possible , of those technical rules which de- pend upon the form which a suit in equity may assume , the particular stage of that suit , or the ...
Page 10
... grounds ) to the pro- duction of such as are in his or their possession or power ; and upon such affidavit being made ... ground . With respect to these , al- though a party is now enabled to call on his ad- ( h ) The words printed in ...
... grounds ) to the pro- duction of such as are in his or their possession or power ; and upon such affidavit being made ... ground . With respect to these , al- though a party is now enabled to call on his ad- ( h ) The words printed in ...
Page 11
... grounds set up in the answer , he is protected from producing them upon a motion for production . Thus , it a well known rule , that the right of a plaintiff to discovery , as used in the sense of inspection , is limited to such ...
... grounds set up in the answer , he is protected from producing them upon a motion for production . Thus , it a well known rule , that the right of a plaintiff to discovery , as used in the sense of inspection , is limited to such ...
Page 13
... ground that they had not set out the charters on which they rested their title to be owners of the shore as well as conservators of the river . The Master of the Rolls , upon the case coming before him upon excep- tions by the ...
... ground that they had not set out the charters on which they rested their title to be owners of the shore as well as conservators of the river . The Master of the Rolls , upon the case coming before him upon excep- tions by the ...
Page 15
... several cases which will be cited hereafter . ) ground ( c ) . Even an heir - at ( 15 ) Right of Discovery limited to material Facts relating Plaintiff's case, and does not extend to Evidence which relates only to Defendant's case.
... several cases which will be cited hereafter . ) ground ( c ) . Even an heir - at ( 15 ) Right of Discovery limited to material Facts relating Plaintiff's case, and does not extend to Evidence which relates only to Defendant's case.
Other editions - View all
The Common Law Procedure ACT, 1854: With Treatises on Injunction and Relief ... Henry Thurstan Holland No preview available - 2015 |
Common terms and phrases
18 Vict action affidavit alleged answer application attorney Attorney-General Beav bill of discovery breach Chanc cited claim Common Law Common Law Procedure compel contract Corporation Court or Judge Courts of Common Courts of Equity Courts of Law covenant damages deeds defendant's documents Duke Duke of Beaufort enforce entitled evidence Exch Exchequer Exchequer of Pleas fact fendant fraud Gex & Sm Gord grant an injunction ground Hare held infringement inspection interfere interlocutory injunction judgment junction jurisdiction justice Law Procedure Act legal right Lord Brougham Lord Cottenham Lord Eldon Lord Langdale mandamus matter ment North Staffordshire Railway notice obtained opposite party patent penalty person Phill plaintiff Plead possession or power principle proceedings produce purpose question Railway Company reference relating relief restrain the defendant Rochdale Canal rule or order sect sought specific performance statute suit thereof tion trial Wigram on Discovery writ of injunction
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,