The Practice of the Supreme Court of New South Wales at Common Law: Including the Common Law Procedure Act, 1899, and Other Acts Relating to the Subject, Together with the General Rules of Court, Edited with Notes and IndexLaw Book Company of Australasia, 1903 - 512 pages |
From inside the book
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Page 10
... served within six calen dar months ; but see now R. 30 ( post ) . If not so served , it must be renewed in the mode pointed out by s . 12 ( post ) . A defendant may appear to a writ after the ( six ) months have expired : Richardson v ...
... served within six calen dar months ; but see now R. 30 ( post ) . If not so served , it must be renewed in the mode pointed out by s . 12 ( post ) . A defendant may appear to a writ after the ( six ) months have expired : Richardson v ...
Page 13
... served : Angus v . Coppard , 3 M. & W. 57 . Provided that such concurrent writ or writs shall only be in force , etc.- The concurrent writ will at first be only in force until the expiration of the six months of the currency of the ...
... served : Angus v . Coppard , 3 M. & W. 57 . Provided that such concurrent writ or writs shall only be in force , etc.- The concurrent writ will at first be only in force until the expiration of the six months of the currency of the ...
Page 14
... served out of time the defendant may by his conduct waive the irregularity : Hatten v . Ramsay , ( 1886 ) 2 W.N. 49 ; see Hemp v . Warren , 2 Dowl . N. S. 758 . Renewal . Where the last day for renewal fell on 29th December ( a Sunday ) ...
... served out of time the defendant may by his conduct waive the irregularity : Hatten v . Ramsay , ( 1886 ) 2 W.N. 49 ; see Hemp v . Warren , 2 Dowl . N. S. 758 . Renewal . Where the last day for renewal fell on 29th December ( a Sunday ) ...
Page 15
... served by him ; although the plaintiff's attorney may be liable for such negligence , where the plaintiff has been damaged thereby : Curlewis v . Broad , 1 H. & C. 322 ; 31 L.J. , Ex . 473 . 17 Vic . No. 21 , s . 13 . corporations . 16 ...
... served by him ; although the plaintiff's attorney may be liable for such negligence , where the plaintiff has been damaged thereby : Curlewis v . Broad , 1 H. & C. 322 ; 31 L.J. , Ex . 473 . 17 Vic . No. 21 , s . 13 . corporations . 16 ...
Page 16
... served on B. , the manager of the Sydney branch of a banking com- pany , having its head office in London , after he had received telegrams instructing him to stop payment and informing him that a winding up order had been made and a ...
... served on B. , the manager of the Sydney branch of a banking com- pany , having its head office in London , after he had received telegrams instructing him to stop payment and informing him that a winding up order had been made and a ...
Common terms and phrases
admission admitted affidavit aforesaid allowed amended amount appear application appointed arbitrator articled clerk attorney bail bill cause of action certificate Circuit Court claim claimant clerk Commissioner Common Law concurrent writ consent consolidated copy costs Court or Judge damages debt declaration default defendant demurrer District Court documents Dowl ejectment entered entitled Equity evidence examination execution fees filed garnishee given granted held hereby Ibid interpleader issue judgment debtor jurisdiction jurors jury Justice leave matter ment notice oath officer paid party payment person Petition plaintiff plea plea in abatement pleaded Privy Council proceed proceedings Prothonotary Provided Railway record recovered refused Registrar repealed residence respect rule nisi Schedule served Sheriff sign judgment Solicitor South Wales Statute sued supra Supreme Court sworn Sydney taxation taxed tenant therein thereof thereto thinks fit tion trial unless verdict witness writ of summons
Popular passages
Page 400 - ... shall be employed to issue the writ, then it shall be indorsed with a memorandum expressing that the same has been sued out by the plaintiff...
Page 172 - to a submission, or any person claiming 'through or under him, commences any 'legal proceedings in any court against 'any other party to the submission...
Page 222 - A right of re-entry or forfeiture under any proviso or stipulation in a lease, for a breach of any covenant or condition in the lease, shall not be enforceable by action, or otherwise, unless and until the lessor serves on the lessee a notice specifying the particular breach complained of, and, if the breach is capable of remedy, requiring the lessee to remedy the breach, and in any case requiring the lessee to make compensation in money for the breach, and the lessee NOB.
Page 222 - Where a lessor is proceeding, by action or otherwise, to enforce such a right of re-entry or forfeiture, the lessee may, in the lessor's action, if any, or in any action brought by himself, apply to the Court for relief; and the Court may grant or refuse relief, as the Court, having regard to the proceedings and conduct of the parties under the foregoing provisions of this section, and to all the other circumstances, thinks fit...
Page 307 - 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, AB, do...
Page 162 - We command you, that within eight days after the service of this writ on you, inclusive of the day of such service, you do cause...
Page 177 - ... requiring any prolonged examination of documents or accounts, or any scientific or local investigation which cannot, in the opinion of the Court or a Judge, conveniently be made before a jury...
Page 174 - To administer oaths to or take the affirmations of the parties and witnesses appearing ; and (b) to state an award as to the whole or part thereof in the form of a special case for the opinion of the Court ; and (c) to correct in an award any clerical mistake or error arising from any accidental slip or omission.
Page 180 - The award to be made by the arbitrators or umpire shall be final and binding on the parties and the persons claiming under them respectively.
Page 315 - An Act to repeal an Act of the present Session of Parliament, intituled ' An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire Suppression of voluntary and extra-judicial Oaths and Affidavits;' and to make other Provisions for the Abolition of unnecessary Oaths.