A Handy Book for the Common Law Judges' Chambers, lk 247Butterworths, 1861 - 233 pages |
Other editions - View all
A Handy Book for the Common Law Judges' Chambers George Hewlings Parkinson No preview available - 2015 |
A Handy Book for the Common Law Judges' Chambers George Hewlings Parkinson No preview available - 2019 |
Common terms and phrases
18 Vict 20 Vict above-named defendant above-named plaintiff affidavit aforesaid amount appear Appendix application appointed arbitrator attendance attorney averment bail bond bail piece Barrister at Law bill cause of action certificate Chancery chattels claim claimant commission Common Law Common Pleas consent costs County Court Court of Chancery Court of Common Court or Judge custody debt declaration defendant's delivered deponent direct duly examination execution fendant fieri facias filed further order garnishee Honourable Court indorsed Interpleader issue Judge at chambers Judge thereof Judge's clerk Judge's order judgment creditor judgment debtor jurisdiction matter ment mentioned Middle Temple necessary notice oath and say obtained officer opposite party particulars payment person plead practice proceed proceedings provisions Queen's Bench recovered residence rule or order served sheriff show cause sign judgment special bail Statute Superior Court Sworn therein think fit tion trial verily believe witness writ of summons
Popular passages
Page 94 - By the 14th section of that act it is enacted, " that if any person against whom any judgment shall have been entered up in any of Her Majesty's superior courts at Westminster shall have any Government stock, funds, or annuities, or any stock or shares of or in any public company in England (whether incorporated or not), standing in his name in his own right, or in the name of any person in trust for him...
Page 160 - ... on a statute where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty...
Page 27 - Judge having authority under this Act, by any subsequent order, to command the attendance of any person to be named in such order for the purpose of being examined, or the production of any writings or other documents to be mentioned in such order, and to give all such directions as to the time, place and manner of such examination, and all other matters connected therewith, as may appear reasonable and just...
Page 134 - And be it further enacted, that no examination or deposition to be taken by virtue of this act shall be read in evidence at any trial without the consent of the party against whom the same may be offered, unless it shall appear to the satisfaction of the judge that the examinant or deponent is beyond the jurisdiction of the court, or dead, or unable from permanent sickness or other permanent infirmity to attend the trial...
Page 140 - Provided always, that the court shall not have cognizance of any action of ejectment, or in which the title to any corporeal or incorporeal hereditaments, or to any toll, fair, market, or franchise, shall be in question, or in which the validity of any devise, bequest, or limitation under any will or settlement may be disputed, or for any malicious prosecution, or for any libel or slander, or for criminal conversation, or for seduction, or breach of promise of marriage.
Page 156 - ... time, deliver to the opposite party or his attorney (provided such party, if not a body corporate, would be liable to be called and examined as a witness upon such matter) interrogatories in writing upon any matter as to which discovery may be sought, and require such party, or in the case of a body corporate any of the officers of such body corporate, within ten days to answer the questions in writing by affidavit, to be sworn and filed in the ordinary way...
Page 95 - Order shall be discharged or made absolute, such Corporation or Person or Persons shall permit any such Transfer to be made, then and in such Case the Corporation or Person or Persons so permitting such Transfer shall be liable to the Judgment Creditor for the Value or Amount of the Property so charged and so transferred, or such Part thereof as may be sufficient to satisfy his Judgment ; and...
Page 43 - Judge to order that the plaintiff be at liberty to proceed as if personal service had been effected, subject to such conditions as to the Court or Judge may seem fit.
Page 50 - No. 5 (on which judgment no proceeding in error shall lie), for any sum not exceeding the sum indorsed on the writ, together with interest at the rate specified, if any, to the date of the judgment, and a sum for costs (to be fixed by the...
Page 116 - ... or warrant of citation, shall issue in special form commanding such witness to attend such trial wherever he shall be within the United Kingdom, and the service of any such writ or process in any part of the United Kingdom shall be as valid and effectual to all intents and purposes as if the same had been served within the jurisdiction of the Court from which it issues.