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 2
... ordered that a plaintiff executor should not proceed until he had taken out probate and given notice thereof to the defendant . ( c ) Street v . Brown , 6 Taunt . 302 . was also usually considered necessary that the party applying should.
... ordered that a plaintiff executor should not proceed until he had taken out probate and given notice thereof to the defendant . ( c ) Street v . Brown , 6 Taunt . 302 . was also usually considered necessary that the party applying should.
Page 3
... necessary that the party applying should be a party to the instrument which he sought to inspect ( d ) ; and although a trial was sometimes postponed for the purpose of enabling a party to take proceedings in equity , yet whenever an ...
... necessary that the party applying should be a party to the instrument which he sought to inspect ( d ) ; and although a trial was sometimes postponed for the purpose of enabling a party to take proceedings in equity , yet whenever an ...
Page 6
... necessary , to take examined copies of the same , or to procure the same to be duly stamped , in all cases in which previous to the pass- ing of this act a discovery might have been ob- tained by filing a bill or by any other proceeding ...
... necessary , to take examined copies of the same , or to procure the same to be duly stamped , in all cases in which previous to the pass- ing of this act a discovery might have been ob- tained by filing a bill or by any other proceeding ...
Page 9
... necessary to ob- tain an inspection which the Court had before , and still has , the power to grant at common law . It must , therefore , have shown not only that an action or other proceeding was pending , but also to have stated not a ...
... necessary to ob- tain an inspection which the Court had before , and still has , the power to grant at common law . It must , therefore , have shown not only that an action or other proceeding was pending , but also to have stated not a ...
Page 11
... necessary here to notice a distinction , which , between Dis- according to the rules and practice followed by the covery and Courts of Equity , exists between the right of a plain- tiff to discovery , as used in the limited sense of in ...
... necessary here to notice a distinction , which , between Dis- according to the rules and practice followed by the covery and Courts of Equity , exists between the right of a plain- tiff to discovery , as used in the limited sense of in ...
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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
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,