A Treatise on the Law of Costs in an Action in the Queen's Bench Division and in the Court of Appeal Under the Judicature Acts and Rules of the Supreme CourtKnight, 1884 - 369 pages |
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A Treatise on the Law of Costs in an Action for the Queen's Bench Division ... William Edward Gordon No preview available - 2016 |
Common terms and phrases
affidavit allocatur amendment amount appear application arbitrator Archb attendance award bill of costs Bing brief cause of action cause or matter certificate concurrent writ costs occasioned counsel counterclaim County Courts Act Court of Appeal Court or judge damages default defendant delivered direct disallowed discretion documents Dowl execution expenses favour filed folio formerly give security given incurred indorsed interpleader issue judgment or order Judicature Acts jurisdiction L.J. Ch L.J. Ex liable Marshall ment money into Court necessary nonsuit notice of trial Order 65 otherwise order paid into Court party and party pay the costs payable payment into Court person plaintiff pleadings proceedings Queen's Bench Division reasonable reference respect Rules of Court security for costs set-off sheriff solicitor and client statute successful party supra taxation of costs taxing master taxing officer thereof think fit tion unless the Court verdict Vict witness writ of summons
Popular passages
Page 41 - A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract, and of suing and being sued, either in contract or in tort, or otherwise, in all respects as if she were a feme sole...
Page 124 - No cause or matter shall be defeated by reason of the misjoinder or nonjoinder of parties, and the court may in every cause or matter deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.
Page 29 - A defendant in an action may set off, or set up, by way of counter-claim against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not...
Page 138 - Any party, by notice in writing, at any time not later than ten days before the term or day for which notice of trial has been given, may call on any other party to admit, for the purposes of the cause, matter or issue only, any specific fact or facts mentioned in such notice.
Page 249 - ... oral examination, and upon affidavit by himself or his attorney stating that judgment has been recovered, and that it is still unsatisfied, and to what amount, and that any other person is indebted to the judgment debtor, and is within the jurisdiction, to order that all debts owing or accruing from such third person (hereinafter called the garnishee) to the judgment debtor shall be attached to answer the judgment debt...
Page 138 - Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular cause, matter, or issue, and not as an admission to be used against the party on any other occasion or in...
Page 85 - ... recovery is sought does not dispute the title of the party seeking to recover the same, but claims to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court...
Page 130 - The Court or a Judge may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court or a Judge...
Page 2 - ... and retain the balance for fourteen days, and if .within that time notice is served on him of a bankruptcy petition having been presented against or by the debtor, and the debtor is adjudged bankrupt thereon or on any other petition of which the sheriff has notice, the sheriff shall pay the balance to the trustee in the bankruptcy, who shall be entitled to retain the same as against the execution creditor...
Page 43 - ... direct that the act required to be done be done, so far as practicable, by some other person appointed by the court or judge, at the cost of the disobedient party, and the act, when so done, shall have like effect as if done by him.