The Common Law Procedure Act, 1854, 17 & 18 Vict. C.125, 473. köide |
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Page vii
... Party after all have agreed to Arbitration , Court or Judge may stay Proceedings 12. On failure of Parties or Arbitrators , Judge may appoint Single Arbitrator or Umpire .. 13. When reference is to Two Arbitrators and one Party fail to ...
... Party after all have agreed to Arbitration , Court or Judge may stay Proceedings 12. On failure of Parties or Arbitrators , Judge may appoint Single Arbitrator or Umpire .. 13. When reference is to Two Arbitrators and one Party fail to ...
Page viii
... Party may discredit his own Witness .. 23. Proof of contradictory Statements of adverse Witness 24. Cross - examination as to previous Statements in Writing 25. Proof of previous Conviction of a Witness may be given 26. Attesting ...
... Party may discredit his own Witness .. 23. Proof of contradictory Statements of adverse Witness 24. Cross - examination as to previous Statements in Writing 25. Proof of previous Conviction of a Witness may be given 26. Attesting ...
Page 4
... parties , if both consent , to dispense with the jury , and to leave the decision of the issues of fact to the judge ... party , at any time prior to the trial , or if the issue of fact be left to the judge , then to the judge at the ...
... parties , if both consent , to dispense with the jury , and to leave the decision of the issues of fact to the judge ... party , at any time prior to the trial , or if the issue of fact be left to the judge , then to the judge at the ...
Page 5
... parties ) until such unanimous verdict has been returned . It is difficult to defend the justice or wisdom of the latter principle . It seems absurd that the rights of a party , in questions of a doubtful and complicated nature , should ...
... parties ) until such unanimous verdict has been returned . It is difficult to defend the justice or wisdom of the latter principle . It seems absurd that the rights of a party , in questions of a doubtful and complicated nature , should ...
Page 6
... party , in whose favour it is given , to judgment ; and in failure of such concurrence the cause shall be made a remanet . The subject appears to us to resolve itself into two distinct questions : - 1st . Whether unanimity should be ...
... party , in whose favour it is given , to judgment ; and in failure of such concurrence the cause shall be made a remanet . The subject appears to us to resolve itself into two distinct questions : - 1st . Whether unanimity should be ...
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Common terms and phrases
action admitted affidavit agreement allowed amend amount answer appeal application appoint arbitrator attached authority award bill brought called cause character claim Common Law compel consideration contract costs Court of Equity Courts of Common Courts of Law damages debt debtor decision defendant direct discovery documents duty effect enforced enter entitled Error evidence examination execution fact further garnishee give given granted ground hands injunction injury inspection instance interest issue judge judgment jurisdiction jury justice land Lord mandamus manner matter means ment nature necessary notice object obtained officer opposite otherwise party person plaintiff plea pleading possession practice premises prevent proceedings produced prove purchaser question reason reference refused relating relief remedy respect restrain rule sect specific performance stamp statement statute sufficient suit Superior Courts taken thereof tion trial unless verdict Vict witness writ writing
Popular passages
Page 126 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 65 - If any person called as a witness, or required or desiring to make an affidavit or deposition, shall refuse or be unwilling from alleged conscientious motives to be sworn, it shall be lawful for the court or judge, or other presiding officer, or person qualified to take affidavits or depositions, upon being satisfied of the sincerity of such objection, to permit such person, instead of being sworn, to make his or her solemn affirmation or declaration in the words following ; videlicet, " I, A. I!.,...
Page 66 - A party producing a Witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the Witness shall in the opinion of the Judge prove adverse, contradict him by other Evidence, or by leave of the Judge prove that he has made at other times a statement inconsistent with his present testimony...
Page 127 - ... give something in earnest, to bind the bargain or in part payment, or unless some note or memorandum in writing of the bargain be made, and signed by the party to be charged thereby or by some person thereunto by him lawfully authorized.
Page 29 - The court of appeal shall give such judgment as ought to have been given in the court below...
Page 67 - ... a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for the previous felony, purporting to be signed by the clerk of the Court, or other officer having the custody of the records of the Court where the offender was...
Page 83 - Either party shall be at liberty to apply to the court or a judge for a rule or order for the inspection by the jury, or br himself, or by his witnesses, of any real or personal property the inspection of which may be material to the proper determination of the question in dispute...
Page 143 - ... there must be such an injury as from its nature is not susceptible of being adequately compensated by damages at law, or such as, from its continuance or permanent mischief, must occasion a constantly recurring grievance which cannot be otherwise prevented but by an injunction.
Page 10 - ... on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 95 - Superior Courts, in which, if judgment were obtained, he would be entitled to relief against such judgment on equitable grounds, to plead the facts which entitle him to such relief...