Forms of Judgments and Orders in the High Court of Justice and Court of Appeal: Having Special Reference to the Chancery Division, with Practical Notes, 1. köide
Stevens and Sons, Limited, 1901 - 3024 pages
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Forms of Judgments and Orders in the High Court of Justice and ..., 2. köide
Sir Henry Wilmot Seton
No preview available - 2019
Common terms and phrases
action affidavit alleged allowed amendment amount answer appear application Bank Beav bill Brown cause certificate Chambers Chap claim client Commrs consent copy Corp costs counsel counter-claim County Court dated &c default defence Deft delivered deposit directed discovery dismissed documents duty effect entered entitled evidence examination fact filed foreign fund further give given ground hearing held inspection interest interrogatories issue Jones Judge judgment jurisdiction L. J. Ch land leave liberty London Lord matter motion necessary notice object obtained original otherwise paid particulars party payment person petition pleading possession privilege proceedings produce question reading reasonable received referred refused relating respect rule schedule served Settled Smith solr statement sufficient summons taken taxation taxed thereof trial Trusts unless witnesses writ
Page 503 - Any absolute assignment, by writing under the hand of the assignor (not purporting to be by way of charge only), of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action...
Page 258 - Where after the commencement of this Act, any action, prosecution, or other proceeding is commenced in the United Kingdom against any person for any act done in pursuance, or execution, or intended execution of any Act of Parliament, or of any public duty or autherity, or in respect of any alleged neglect or default in the execution of any such Act, duty, or authority...
Page 37 - A defendant in an action may set off, or set up, by way of counter-claim against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not...
Page 255 - Judge : provided that nothing herein contained shall deprive an executor, administrator, trustee, or mortgagee, who has not unreasonably instituted or carried on or resisted any proceedings, of any right to costs out of a particular estate or fund to which he would be entitled according to the rules hitherto acted upon in the Chancery Division...
Page 102 - ... the court or a judge may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial...
Page 237 - ... colony, island, plantation, or place respectively, or before any of her Majesty's consuls or vice-consuls in any foreign parts out of her Majesty's dominions; and the judges and other officers of the High Court shall take judicial notice of the seal or signature, as the case may be...
Page 96 - If any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, he shall be liable to attachment. He shall also, if a plaintiff, be liable to have his action dismissed for want of prosecution, and, if a defendant, to have his defence, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating may apply to the Court or a Judge for an order to that effect, and an order may be made accordingly.
Page 155 - Act, 1851 («), s. 14 of which enacts that " whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody, and no statute exists which renders its contents provable by means of a copy, any copy thereof, or extract therefrom, shall be admissible in evidence in any court of justice...
Page 424 - ... claims to be entitled to issue execution against any other person as being a member of the firm, he may apply to the Court or a judge for leave so to do ; and the Court or judge may give such leave if the liability be not disputed, or if such liability be disputed may order that the liability of such person be tried and determined in any manner in which any issue or question in an action may be tried and determined.
Page 406 - The costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof, and may award costs to be paid as between solicitor and client.