The Common Law Procedure Act, 1854, 17 & 18 Vict. C.125, 473. köide |
From inside the book
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Page 1
... propose to commence this our second report by a review of this portion of the procedure at Common Law . TRIAL OF ISSUES OF FACT , Issues of fact , evolved in the manner we have shown , by the plead- ings of the parties , are tried ...
... propose to commence this our second report by a review of this portion of the procedure at Common Law . TRIAL OF ISSUES OF FACT , Issues of fact , evolved in the manner we have shown , by the plead- ings of the parties , are tried ...
Page 4
... propose , therefore , to continue trial by jury as the rule , but to make it competent to the parties , if both consent , to dispense with the jury , and to leave the decision of the issues of fact to the judge . With regard to cases of ...
... propose , therefore , to continue trial by jury as the rule , but to make it competent to the parties , if both consent , to dispense with the jury , and to leave the decision of the issues of fact to the judge . With regard to cases of ...
Page 5
... propose to abolish the right which now exists of having a special jury as at present appointed . What we re- commend is , that the general jury panel should be made up indiscrimi- nately from all persons qualified to serve on either ...
... propose to abolish the right which now exists of having a special jury as at present appointed . What we re- commend is , that the general jury panel should be made up indiscrimi- nately from all persons qualified to serve on either ...
Page 6
... propose , therefore , that the jury shall not be kept in delibera- tion longer than twelve hours , unless at the end of that period they unanimously concur to apply for further time , which in that case shall be granted ; and that , at ...
... propose , therefore , that the jury shall not be kept in delibera- tion longer than twelve hours , unless at the end of that period they unanimously concur to apply for further time , which in that case shall be granted ; and that , at ...
Page 10
... proposed , would doubtless have been treated as a wild and dangerous innovation , altogether unfit to be entertained by the legislature . The new law has now been in practical operation for eighteen months ; and , according to the ...
... proposed , would doubtless have been treated as a wild and dangerous innovation , altogether unfit to be entertained by the legislature . The new law has now been in practical operation for eighteen months ; and , according to the ...
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Common terms and phrases
16 Vict 8th edit action affidavit aforesaid agreement allowed amend answer application appoint arbitrator assigned attachment attesting witness attorney award bill champerty Chit choses in action claim Common Law Courts Common Law Procedure compel contract costs Court of Equity Court of Error court or judge Courts of Common Courts of Law creditor damages debt debtor decision deed defendant discovery documents duty enforced entitled evidence examination execution fact garnishee give granted injunction inspection issue judgment judgment debtor jurisdiction jury justice Law Procedure Act Lord Lord Denman ment necessary Nisi Prius object obtained opposite party otherwise paid into court payment person plaintiff plea pleadings possession or power prerogative writ prevent proceedings purpose question racter reference refused relief remedy respect restrain rule or order sect specific performance stamp stamp duty statute Superior Courts thereof think fit tion trial umpire verdict writ of mandamus 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...