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

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Stevens and Sons, Limited, 1901 - 3024 pages

From inside the book

Contents

TABLE OF STATUTES
cclxxi
TABLE OF RULES AND ORDERS
cccix
INTRODUCTION
cccxxi
CHAPTER I
1
FORMS1 Judgment after trial on circuit upon associates certificate
2
FORMS1 Order for substituted service of writ 2 The likeat each
9
FORMS1 Tenant to attorn and pay rent 2 If payment of arrears
10
Alcoy and Gandia c Co v
19
CHAPTER III
21
CHAPTER V
31
AMENDMENT
41
CHAPTER VII
50
452
73
Trye
88
FORMSDelivery out of documents 1 To a party or purchaser 2
98
CHAPTER IX
113
DISPENSING WITH AND APPOINTING REPRESENTATIVES
119
CONSENT AND COMPROMISE
124
DISMISSAL FOR WANT OF PROSECUTION
134
CHAPTER XII
141
Default of appearanceDefault of pleadingMode of entering
172
Beckley
173
CHAPTER XIII
178
Adjournment 184
184
1 Payment of money by one party to another 2 Payment
185
ADDING TO JUDGMENT OR ORDER
193
NOTES
199
FORMS of lodgment schedules 19 206
206
PAYMENT OF DIVIDENDS AND INTEREST AND TRANSFER
214
FORM of lodgment and payment schedule
225
Supreme Court Funds Rules 1894Dealings with funds
232
CARRYING OVER SECURITIES AND CASH
244
TAXATION OF COSTS AND PAYMENT OUT OF FUND IN COURT
253
Jurisdiction and procedure generallyTaxationParty
263
Foster
279
ENFORCING DELIVERY OF BILL
282
1 Order of course to tax on application of third party
289
REVIEW OF TAXATION
295
SOLICITORS REMUNERATION
308
ENFORCING ORDER FOR PAYMENT OF Costs
314
PROCEEDINGS UNDER JUDGMENT OR ORDER
325
CHAPTER XIX
333
COMPLETION OF Sale
345
Delivery of abstractInvestigation of titlePaying in purchase
351
Purchaser discharged on his applicationrepayment of
358
FURTHER CONSIDERATION
361
CHAPTER XXII
369
SPECIAL DIRECTIONS AS TO TRIAL OF ISSUES AND QUESTIONS
376
FORMS1 Inquiry as to claimants interest 2 The likeon motion
459
Special contemptsPrivilege from arrest
470
1 Order nisi to charge funds in Courtinterim restraintservice
477
ATTACHMENT OF Debts
485
STOP ORDERS
491
CHAPTER XXIX
500
FORMS1 Order for Sheriff to sell goods seized and pay proceeds into
509
CHAPTER XXX
515
Elgey
517
Form of orderUndertaking as to damagesService of order
528
Breach of contract generallyRestraint of tradePenalty
535
1 Injunction to stay felling ornamental timber and other
542
TRESPASS
556
1 Account and injunction in respect of mineral workings
573
IV RIGHT OF
585
V WATER RIGHTS
591
VI RIGHTS OF COMMON
598
NUISANCE
604
NOTES 610615
610
NOTES 619622
619
INFRINGEMENT OF LETTERS PATENT
639
FORMS10 Order for trial of issuesparticulars of breaches
648
15 Order for delivery of further particulars of breaches
651
Disclaimer pending action
658
INFRINGEMENT OF COPYRIGHT
667
PUBLICATION OF LETTERS DOCUMENTS
684
NOTES 686
686
PARTNERS
692
COMPANIES CORPORATIONS AND OTHER
699
ECCLESIASTICAL BENEFICES AND NONCONFORMIST
721
NOTES
727
FORMS1 Injunction against sale in redemption action 2 Staying
733
DISCHARGING CONTINUING AND GRANTING OR MAKING
739
FORMS1 Committal for breach of injunction 2 Committal for various
745
Appointment of receiverPerson to be appointedSalary
773
RECEIVER BY WAY OF EQUITABLE EXECUTION
791
receiver to pay the same pari passu 16 Liberty to pursue remedies
797
ACCOUNT AND PAYMENT
805
NOTES 812814
812
Prohibition nature of writinferior CourtsProcedure
822
TRANSFER CONSOLIDATION AND REMOVAL
825
CONSOLIDATION AND STAY OF PROCEEDINGS
831
REMOVAL OF CAUSES AND ACTIONS FROM AND TO INFERIOR
837
66
843
NOTES
846
Jurisdiction of the Court of AppealJurisdiction final
872
Stay of proceedings pending appeal generallyStay of execution
881
NOTES

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Common terms and phrases

Popular passages

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.

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