Page images
PDF
EPUB

DISTRICT CLERKS,

application to, for replevin order, 154

appointment of, 32

certificate of, for judgment, 118

commencement and termination of trial, to be noted by, 118

continuance in office of present, 33

docket of cases to be made up by, 26

[blocks in formation]

copies of, 102-259

costs of proving after refusal to admit, 104

unnecessary notice to admit or produce, 106

delivery of, includes filing, 76

discovery of, 100. See DISCOVERY.

execution of, by order of Court, 174

inspection of, application for, 102

bank and trade books, 101

default in giving notice of time for, 102

notice in writing required for,

non-compliance with, 101

101

form of, 101

fixing time for, 101

[blocks in formation]
[blocks in formation]

EJECTMENT, 69. See LAND (ACTION FOR RECOVERY OF).

ELECTIONS, CONTROVERTED, Construction of Act relating to,

[blocks in formation]

court to entertain, 19

18

will follow equitable practice in dealing with, 19

incidentally appearing, 20

plea of possession, 81

specific performance, injunction, 20

EQUITABLE EXECUTION, 152. See EXECUTION-RECEIVER.

EQUITABLE WASTE,

tenant for life not to commit, 21

EQUITY,

administration of law and, to be concurrent, 19

business assigned to Judge in Equity, 9. See JUDGE IN EQUITY.
rules of, to prevail where conflict or variance between law and, 23

ERROR,

power to amend, 96

EVIDENCE (O. 36), 121-28.

accounts, in taking, 109
admissions, of, 105

See COMMISSION TO EXAMINE WITNESSES-
SUBPOENA-WITNESSES.

affidavit, by, 121. See AFFIDAVIT.

agreement by, between the parties, 121

by order, 121

[blocks in formation]

EVIDENCE (O. 36)—Continued.

answers to interrogatories may be used as, 104

appeals, on, 235

printing of, 235–6

arbitrator, before, 219-22

assessment of damages, at, 118

books of account prima facie, in taking accounts, 109

commission for taking, 123. See COMMISSION TO EXAMINE WITNESSES.
form of order for, 123

writ of, 123

[blocks in formation]

documents from registrar's office, copies of, receivable in, 122
order on party to attend to produce, 124

disobedience to order,

examiner, on examination before,

further, 233-4

infants, on applications, as to, 183

125

122-28.

mitigation of damages, in, in action for libel or slander, 117
mode of giving, order of court as to, 121

motion on,

130

notice to produce witness for cross-examination on affidavit, 134
open court, to be given in, 121

perpetuate, action to, 129-30 See PERPETUATING TESTIMONY.
petition, on, 130

pleading, not to state,

72

printing, for appeal, 235-6

119

shorthand-writer's notes of, under commission, 126

references, on,

[blocks in formation]

technical objections to, where taken under commission, 127
trial, at, to be viva voce in open court, 121

before referee, 119

vexatious questions, disallowance of, on cross-examination, 117
viva voce, to be generally, 121

witness, neglecting to appear under commission, 124-5

aged, infirm, or unable to travel, taking evidence of under com-
mission, 122

[blocks in formation]

EXECUTION (O. 41)—Continued.

judgment, or order, condition on, not complied with, 140–41
issue directed, 141

delivery of land, for, of, 140-41-7

mandamus, injunction, specific performance, of, 144
payment into court, of, 140-45

money and costs of, 142

recovery of property other than land or money of,
141-48

special case, on decision after, 113

to do or abstain from any act other than payment of

leave to issue, certain cases, in, 143

order, of, like judgment, 144

money, of, 141
in a limited time, 145-6

actions between co-partners in, 160

to do act at expense of party refusing, 144

partners, against, 159, 60

person not a party, by or against, 144

poundage, etc., levied upon, 142

præcipe, for, 256

renewal of, 143

sale of goods seized under, in interpleader proceedings, 210
saving of existing modes of, 144

separate writs of, for money and costs, 142

stay of, 144

recovery of land and costs, 147

pending appeal, 238. See APPEAL TO COURT OF APPEAL.
time for issue of, 142-3

[blocks in formation]

indorsement on, of amount of money to be recovered, 142

name and address of solicitor or party suing
out, 141

[blocks in formation]

EXECUTORS (AND ADMINISTRATORS),

ad litem, court may appoint a representative, where no, 60
administration, judgment for, obtained by, 61

appearance of, on claims in chambers, 63

claims by and against, joinder of, 69

costs of, 243

deceased party, 67

pleading denial of representative character, 76
representing estate, 57. See PARTIES.

EXHIBITS. See AFFIDAVITS.

affidavit, to,

109-132

perusing, costs of. See TABLE of Costs (App. B).

"EXISTING,"

meaning of, 5

EX PARTE APPLICATION,

appeal from refusal of, time for, 235

cases in which order may be made on, 212
injunction, for, 149-50

interlocutory orders, for, 149

proceedings in chambers by, 214

EXPERT,

employment of, to assist judge or referee, 108, 216

EXPRESS TRUSTS,

Statute of Limitations inapplicable to, 21

FALSE IMPRISONMENT,

trial of action for, with jury, 24

FIERI FACIAS, 145. See WRIT OF FIERI FACIAS.

FILING,

accounts of receiver, 153

affidavit to hold to bail, 232

of service, of writ, 50-2

affidavits, 132. See AFFIDAVIT.

answer to interrogatories, 99

authority to use person's name as next friend or relator, 60
bail piece, 228-30

cognovits and warrants of attorney, 93-4

date of, pleadings and other proceedings in Registrar's Office on, 256
delivery of pleadings, etc., includes, 76

indexes to documents filed to be kept, 256

next friend, authority to use name as, 60

pleadings, 76

report on references, as to amount of damages, 139

[blocks in formation]

FIRM, ACTIONS BY, AND AGAINST, 158-60. See PARTNERS.

FOLIO,

to be one hundred words, 250

FORECLOSURE, ETC.,

absolute order for, 169

action for, assigned to Judge in Equity, 9

application for, by originating summons, 201. See ORIGINATING SUMMONS.
claim for possession may be joined in, 69

costs where amount due under $300, 170

form of indorsement for, and sale, 274
judgment for, in default of appearance, 52

memorial of, 160

order nisi for, 169

defence, 92
before registrar, 11

to stand for balance of principal, where part payment made, 168
originating summons, for, 201

period for redemption, 169

sale instead of, 160 et seq.

« EelmineJätka »