The Common Law Procedure Act: With Numerous Notes, Explanatory of Its Practical Effect, as to Process, Practice, and Pleading; and an Introductory Essay ...V. & R. Stevens and G.S. Norton, 1852 - 484 pages |
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Page iii
... reason there is to anticipate a better result for the present mea- sure is , its tendency to restore the simplicity of the ancient system of pleading . That system was founded upon truth ; and it proceeded upon the principle of ...
... reason there is to anticipate a better result for the present mea- sure is , its tendency to restore the simplicity of the ancient system of pleading . That system was founded upon truth ; and it proceeded upon the principle of ...
Page xxxii
... reason that , on some small mistakings or want of form in pleadings , judgments are often reversed or given otherwise than the matter in law and very right of the cause doth require . Half a century before , in 1540 , an act ( d ) had ...
... reason that , on some small mistakings or want of form in pleadings , judgments are often reversed or given otherwise than the matter in law and very right of the cause doth require . Half a century before , in 1540 , an act ( d ) had ...
Page xxxii
... reason of the crafty , subtle , and neg- ligent pleadings of the plaintiffs or defendants . " It hence appears that the evil has existed for about three centuries , and that hitherto statutes have failed to remedy it . What has been the ...
... reason of the crafty , subtle , and neg- ligent pleadings of the plaintiffs or defendants . " It hence appears that the evil has existed for about three centuries , and that hitherto statutes have failed to remedy it . What has been the ...
Page 12
... reason that it would leave a question of law to the jury , i . e . " what was lawful and suf- ficient , " whereas if the plea set forth what the discharge was , the court could adjudge as to its being lawful and sufficient ( 22 Edw . IV ...
... reason that it would leave a question of law to the jury , i . e . " what was lawful and suf- ficient , " whereas if the plea set forth what the discharge was , the court could adjudge as to its being lawful and sufficient ( 22 Edw . IV ...
Page 12
... reason of the knowledge that is in him ( 9 Edw . IV . 15 ; 21 Edw . IV . 63 ) . But it would suffice if he described that land by name , and need not then enter into other particulars , i . e . because plaintiff could find out these for ...
... reason of the knowledge that is in him ( 9 Edw . IV . 15 ; 21 Edw . IV . 63 ) . But it would suffice if he described that land by name , and need not then enter into other particulars , i . e . because plaintiff could find out these for ...
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Common terms and phrases
abatement admitted affidavit alleged allowed amendment ancient appear apply arrest of judgment assumpsit attorney averment bail Barrister-at-Law Bing bond breach cause of action claimant clause commencement common law concurrent writ contract costs count court or judge covenant debt deed default defendant pleaded defendant's delivered demurrer deny detinue Dowl ejectment Eliz entitled Exch execution facts fendant held bad indebitatus indorsed issue joinder justice lease ment nisi prius non est factum notice of trial objection paid party payment performance person plaintiff declared plaintiff in error plea plea in abatement possession practice principles of pleading proceedings proof prove recover reign replication respect rule Salk scire facias sheriff special jury statute statute of Anne substance sufficient suit system of pleading tenant term thereof tiff tion traverse trespass usury verdict writ of summons Yelv
Popular passages
Page 263 - Judge shall certify that the refusal to admit was reasonable ; and no costs of proving any document shall be allowed unless such notice be given, except...
Page 194 - Court may be entered for such sum as shall be so agreed or ascertained, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed, or unless stayed by proceedings in error.
Page 280 - ... cause why damages in such action should not be assessed and recovered by him or them ; and if such defendant, his executors or administrators, shall appear at the return of such writ, and not...
Page 268 - ... may also levy the poundage fees and expenses of the execution over and above the sum recovered by the judgment.
Page 337 - ... or defendant in person, as the case may be, mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of such plaintiff's or defendant's residence, if any such there be.
Page 336 - We command you, that within [here insert a sufficient number of days within which the defendant might appear, with reference to the distance he may be at from England] days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered...
Page 316 - ... ejectment shall not be for the recovery of any messuage, then upon some notorious place of the lands, tenements or hereditaments, comprised in such...
Page 317 - ... was served, and that no sufficient distress was to be found on the demised premises, countervailing the arrears then due, and that the lessor...
Page 269 - And the writ shall in such case be renewed by being marked with a seal bearing the date of the day, month, and year of such renewal ; such seal to be provided and kept for that purpose at the proper office, and to be impressed upon the writ by the proper officer, upon delivery to him by the plaintiff or his solicitor of a memorandum in Form No.
Page 326 - ... whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the...