The Common Law Procedure Acts and Other Statutes Relating to the Practice of the Superior Courts of Common Law and the Rules of Court: With NotesH. Sweet, 1861 - 523 pages |
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Page xxix
... abatement . It is evident on the other hand , that on legal principles the joinder of a defendant in an action of contract , who ought not to be joined should , unless remedied , be fatal ; whilst the omission of a defendant who ought ...
... abatement . It is evident on the other hand , that on legal principles the joinder of a defendant in an action of contract , who ought not to be joined should , unless remedied , be fatal ; whilst the omission of a defendant who ought ...
Page xxix
... ABATEMENT Of Actions . The proceedings by writ of revivor are applicable to those cases , in which , by reason either of lapse of time , or of a change by death , or otherwise , of the parties entitled or liable to execution , it ...
... ABATEMENT Of Actions . The proceedings by writ of revivor are applicable to those cases , in which , by reason either of lapse of time , or of a change by death , or otherwise , of the parties entitled or liable to execution , it ...
Page xxix
... abatement of the action by enabling suggestions to be entered as in the cases already referred to . There remains but one other branch of procedure dealt with by the statute of 1852 , namely , EXECUTION , Which in ordinary cases ( that ...
... abatement of the action by enabling suggestions to be entered as in the cases already referred to . There remains but one other branch of procedure dealt with by the statute of 1852 , namely , EXECUTION , Which in ordinary cases ( that ...
Page 3
... abatement for non - joinder ; and the courts have decided that they cannot amend a writ by adding the name of a defendant ( Goodchild v . Leadham , 1 Exch . 707 ) ; but under s . 20 , it may be amended by the plaintiff , with- out any ...
... abatement for non - joinder ; and the courts have decided that they cannot amend a writ by adding the name of a defendant ( Goodchild v . Leadham , 1 Exch . 707 ) ; but under s . 20 , it may be amended by the plaintiff , with- out any ...
Page 25
... abatement ( s . 35 , post ) . The courts formerly refused to amend the copy of the writ , for Amendment this is the act of the party ( Eccles v . Cole , 8 M. & W. 537 ) . The of copy . power of amending the copy of the writ is here ...
... abatement ( s . 35 , post ) . The courts formerly refused to amend the copy of the writ , for Amendment this is the act of the party ( Eccles v . Cole , 8 M. & W. 537 ) . The of copy . power of amending the copy of the writ is here ...
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Common terms and phrases
affidavit aforesaid alleged allowed amend appear application attorney award bail bailiwick Baron Bench or Common cause of action ceedings chattels claim claimant commencement Common Law Procedure Common Pleas concurrent writ copy costs Court of Common court of equity Court of Queen's court or judge damages debt declaration default defendant defendant's delivered demurrer document Dowl effect ejectment enacted entered entitled equity Exch Exchequer of Pleas execution executor fendant given indorsed issue joinder joinder of issue judgment debtor jurisdiction justices Law Procedure Act liberty Lord matter ment misjoinder necessary Nisi Prius notice of trial officer paid payment person plaintiff plaintiff in error plea in abatement pleading possession proceed Queen's Bench recovered replevin respect rule or order sheriff sign judgment special jury statute sued sufficient Superior Courts tenant therein thereof tion unless verdict Vict Westminster witness writ of summons
Popular passages
Page 353 - CD or any person in trust for him, was seised or possessed of on the said day of (ff), or at any time afterwards, or over which the said CD on that day, or at any time afterwards, had any disposing power, which he might, without the assent of any other person, exercise for his own benefit...
Page 352 - Lord (u), or at any time afterwards, or over which the said CD on the said day of or at any time afterwards had any disposing power which he might without the assent of any other person exercise for his own benefit...
Page 208 - A witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the subject-matter of the cause without such writing being shown to him ; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him...
Page 206 - 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 358 - CD in your bailiwick, except his oxen and beasts of the plough, and also all such lands and tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said CD, or any...
Page 8 - 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 253 - Act annexed, or as near thereto as the Circumstances of the Case will admit...
Page 398 - AB in pursuance of the said decree [or, order, as the case may be] . And that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this 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 365 - We command you that you omit not by reason of any liberty of your county, but that you enter the same, and take"] CD, if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us [or in the Common Pleas "before our justices...
Page 65 - 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...