The New Practice, Pleading, and Evidence, in the Courts of Common Law at Westminster, as Regulated by the New Statute 15 & 16 Vict. Cap. 76, with All Necessary FormsShaw, 1853 - 872 pages |
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Page 706
... authority to prosecute or defend in any but the particular action or actions specified.1 Joinder of Parties . 6. Whenever a plaintiff shall amend the writ after notice by the defendant , or a plea in abatement of a nonjoinder by virtue ...
... authority to prosecute or defend in any but the particular action or actions specified.1 Joinder of Parties . 6. Whenever a plaintiff shall amend the writ after notice by the defendant , or a plea in abatement of a nonjoinder by virtue ...
Page 707
... authority to his attorney to take money out of court , unless specially required by the master.5 12. When money is paid into court in respect of any particular sum or cause of action in the declaration , and the plaintiff accepts the ...
... authority to his attorney to take money out of court , unless specially required by the master.5 12. When money is paid into court in respect of any particular sum or cause of action in the declaration , and the plaintiff accepts the ...
Page 766
... authority to tax bills of costs , take references , and perform other necessary and immediate matters arising in or appertaining to any or either of the said courts at the office of his own court ; and for such purpose one of the ...
... authority to tax bills of costs , take references , and perform other necessary and immediate matters arising in or appertaining to any or either of the said courts at the office of his own court ; and for such purpose one of the ...
Page 770
... Authority to receive monies out of court · Suggestions , pleas to suggestions , and subsequent pleadings of three folios or under , inclusive of ingrossment If above three folios , for every folio drawing Issue for the trial of facts by ...
... Authority to receive monies out of court · Suggestions , pleas to suggestions , and subsequent pleadings of three folios or under , inclusive of ingrossment If above three folios , for every folio drawing Issue for the trial of facts by ...
Page 772
... authority for issuing writ , and all other common notices O To admit or produce , if short The like , if long If very long and special , a larger al- lowance may be made in cases above 201 . Additional allowance for mileage , as upon ...
... authority for issuing writ , and all other common notices O To admit or produce , if short The like , if long If very long and special , a larger al- lowance may be made in cases above 201 . Additional allowance for mileage , as upon ...
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Common terms and phrases
Act annexed affidavit aforesaid was entered afterwards alleged allocatur amendment appear application Arch assigns assizes attorney bail barons Bench or Common Britain and Ireland C. L. Pr centum per annum chattels claimant command commencement Common Pleas concurrent writ court of Exchequer court of Queen's court or judge declaration default defendant delivered demurrer ejectment entitled Exchequer of Pleas execution hereof Fieri Facias filed folio four pounds hereditaments indorsed inferior court interest as aforesaid Ireland Queen issue joinder joinder of issue justices liberty Lord manner masters ment notice of trial omit opposite party oxen and beasts Payment plaintiff in error pounds per centum proceed Queen's Bench rate of four recovered rectories rents rule or order sheriff of greeting sign judgment special jury statute sued superior courts taxed and allowed tenant tenements term thereupon tithes United Kingdom unless verdict Victoria Witness at Westminster writ of revivor writ of summons
Popular passages
Page 826 - Act annexed, or as near thereto as the Circumstances of the Case will admit...
Page 756 - CD, if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us [or in Common Pleas
Page 749 - Chancery, and according to the form of the statute, in such case made and provided, chose to be delivered to him all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough ; and also all such lands, tenements, rectories, tithes, rents, and hereditaments...
Page 741 - And in what manner you shall have executed this our Writ make appear to us in our said Court immediately after the execution thereof, and have there then this Writ.
Page 783 - I ; and a writ of summons so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited, and for all other purposes, from the date of the issuing of the original writ of summons.
Page 796 - The plaintiff, after the delivery of a plea of payment of money into court, shall be at liberty to reply to the same, by accepting the sum so paid into court in full satisfaction and discharge of the cause of action in respect of which it has been paid in, and he shall be at liberty in that case to tax his costs of suit, and in case of nonpayment thereof within forty-eight hours to sign judgment for his costs of suit so taxed ; or the plaintiff may reply, " that he has sustained " damages [or that...
Page 732 - In all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the court, the same shall be reckoned exclusively of the first day, and inclusively of the last day...
Page 743 - ... behalf ; and in what manner you shall have executed this our writ, make appear to us in our said Court immediately after the execution thereof.
Page 711 - ... hour, to admit that such of the said documents as are specified to be originals were respectively •written, signed, or executed as they purport respectively to have been ; that such as are specified as copies are true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively ; saving all just exceptions to the admissibility of all such documents as evidence in this cause.
Page 740 - Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith ; to the sheriff of greeting.