Elementary View of the Proceedings in an Action in the Supreme Court: Founded on "Smith's Action at Law."Stevens and Sons, 1879 - 374 pages |
From inside the book
Results 1-5 of 36
Page 7
... mentioning the real ground afterwards in a " ac etiam " clause , as if it were merely subsidiary to the fictitious claim ; and every declaration by bill in the Queen's Bench stated the defendant to be in the custody of the Marshal of ...
... mentioning the real ground afterwards in a " ac etiam " clause , as if it were merely subsidiary to the fictitious claim ; and every declaration by bill in the Queen's Bench stated the defendant to be in the custody of the Marshal of ...
Page 64
... mentioned the cause of action to be trespass , the plaintiff's counsel stated where , when and how the trespass was committed , and what special damage had resulted from it . This statement was called the " count , " from the French ...
... mentioned the cause of action to be trespass , the plaintiff's counsel stated where , when and how the trespass was committed , and what special damage had resulted from it . This statement was called the " count , " from the French ...
Page 71
... mentioned in the declaration which destroyed the plaintiff's right of action . Thus , in an action against the maker of a note , if the defendant pleaded " he did not make the note , " that was a traverse . But if he pleaded ' that he ...
... mentioned in the declaration which destroyed the plaintiff's right of action . Thus , in an action against the maker of a note , if the defendant pleaded " he did not make the note , " that was a traverse . But if he pleaded ' that he ...
Page 74
... mention of time , place , and other identifying circumstances . Accordingly , it sometimes happened that the defendant in his plea mistook or appeared to mistake the cause of action set up by the plaintiff . In such case the plaintiff ...
... mention of time , place , and other identifying circumstances . Accordingly , it sometimes happened that the defendant in his plea mistook or appeared to mistake the cause of action set up by the plaintiff . In such case the plaintiff ...
Page 94
... mentioned , such as the application for leave to employ substituted service and for leave to amend pleadings , and it is now time to point out how these applications are made , and to refer in detail to certain of the most im- portant ...
... mentioned , such as the application for leave to employ substituted service and for leave to amend pleadings , and it is now time to point out how these applications are made , and to refer in detail to certain of the most im- portant ...
Contents
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Other editions - View all
Elementary View of the Proceedings in an Action in the Supreme Court (1879) William Decimus Inglett Foulkes No preview available - 2008 |
Elementary View of the Proceedings in an Action in the Supreme Court (1879) William Decimus Inglett Foulkes No preview available - 2008 |
Elementary View of the Proceedings in an Action in the Supreme Court ... William Decimus Inglett Foulkes No preview available - 2016 |
Common terms and phrases
address for service Admiralty affidavit alleged allowed amended Appendix application arrest attachment cause of action Chancery Division Common Law Common Pleas concurrent writ copy costs counter-claim Court of Appeal Court of Chancery Court of Justice Court or judge damages debt default defendant defendant's delivered demurrer directed district registry divisional Court documents elegit enter an appearance entitled evidence execution creditor fact filed Form give notice given hereto High Court interlocutory interrogatories issue judgment debtor Judicature Acts jurisdiction jurors jury Katie land leave levied liable London matter ment Middlesex mode motion notice of trial obtained opposite party payment person pleading preceding rule Probate actions proceed proceedings Queen's Bench Division question recover referred registrar reply served sheriff solicitor specially indorsed statement of claim statement of defence statute sued Supreme Court thereof tion tried verdict Vict writ of execution writ of summons
Popular passages
Page 315 - ... unless in the opinion of the court to which the application is made some substantial wrong or miscarriage has been thereby occasioned in the trial...
Page 299 - Every party to a cause or matter shall be entitled, at any time, by notice in. writing to give notice to any other party in whose pleadings or affidavits reference is made to any document, to produce such document for the inspection of the party giving such notice, or of his solicitor, and to permit him or theui to take copies thereof...
Page 301 - 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 231 - Take notice, that you are hereby required to produce and show to the Court on the trial of this all books, papers, letters, copies of letters, and other writings and documents in your custody, possession, or power, containing any entry, memorandum.
Page 95 - Prentice's Proceedings in an Action in the Queen's Bench, Common Pleas, and Exchequer Divisions of the High Court of Justice. By SAMUEL PRENTICE, Esq., one of Her Majesty's Counsel. Secoud Edition. Royal 12mo. 1880.
Page 272 - Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees...
Page 338 - ... upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed 0.
Page 323 - ... apply to the Court or a Judge for leave to issue execution against such party.
Page 302 - ... shall be set down for argument without leave of the Court or a Judge, the application for which must be supported by sufficient evidence that the statements contained in such special case, so far as the same affect the interest of such married woman, infant, or person of unsound mind, are true.
Page 298 - Any party may, without filing any affidavit, apply to the Court or a Judge for an order directing any other party to any cause or matter to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein.