The Common Law Procedure Act, 15 & 16 Vict. Cap. 76 ... with an Introductory Analysis of the Changes Effected by the Statute, Explanatory Notes ...Sweet, 1852 - 336 pages |
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Page xxi
... costs as above mentioned ( supra , xviii . ) ; but no costs , which would not have been incurred had the special indorsement been made , will be allowed ( sect . 28 , p . 44 ) . In other cases interlocutory judgment will be signed as ...
... costs as above mentioned ( supra , xviii . ) ; but no costs , which would not have been incurred had the special indorsement been made , will be allowed ( sect . 28 , p . 44 ) . In other cases interlocutory judgment will be signed as ...
Page xxiv
... costs occasioned by their mistake ; but , unfortu- nately , the costs occasioned by incorrect pleadings are paid by the clients , and as the clients alone suffer from the delay of their suits on account of mistakes , surely it would be ...
... costs occasioned by their mistake ; but , unfortu- nately , the costs occasioned by incorrect pleadings are paid by the clients , and as the clients alone suffer from the delay of their suits on account of mistakes , surely it would be ...
Page xxxi
... costs of the proceedings on the suggestion , he will be entitled to the costs of the abortive issues found for him on the original trial , which he may set off against his opponent's costs in the cause ( sects . 144 , 145 , p . 90 ) ...
... costs of the proceedings on the suggestion , he will be entitled to the costs of the abortive issues found for him on the original trial , which he may set off against his opponent's costs in the cause ( sects . 144 , 145 , p . 90 ) ...
Page xxxii
... costs of such amendment , the defendant being at liberty to plead de novo . Misjoinder of defendants in any action on contract may be amended either before or at the trial ( sect . 37 , p . 113 ) , and upon a plea of abatement or ...
... costs of such amendment , the defendant being at liberty to plead de novo . Misjoinder of defendants in any action on contract may be amended either before or at the trial ( sect . 37 , p . 113 ) , and upon a plea of abatement or ...
Page xxxiii
... Costs of the day may in future be obtained upon a simple affidavit , without motion ( sect . 99 , p . 127 ) , and the procedure for judgment as in case of nonsuit is much simplified . The 14 Geo . II . c . 17 , is repealed , and if the ...
... Costs of the day may in future be obtained upon a simple affidavit , without motion ( sect . 99 , p . 127 ) , and the procedure for judgment as in case of nonsuit is much simplified . The 14 Geo . II . c . 17 , is repealed , and if the ...
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Common terms and phrases
act annexed affidavit aforesaid alleged amendment appear apply assignment assizes assumpsit attorney cause of action ceedings claim claimant commencement common law concurrent writ copy costs court or judge courts of common death debt declaration defendant or defendants delivered demurrer Dowl effect ejectment entered entitled Exch execution fact fendant form contained given heretofore joinder joinder of issue judge's order jurisdiction jurors landlord lessor liberty manner matter ment misjoinder necessary nisi prius nonjoinder notice of trial obtained officer opposite party payment person or persons plaintiff in error plea in abatement possession proceed proceedings in error Queen's Bench record recovered renewed replevin respect scire facias sect served sheriff sign judgment special indorsement special jury statute subsequent pleading sufficient suggestion suit superior courts supra tenant term thereof thereupon tion traverse unless verdict Vict writ issued writ of execution writ of revivor writ of summons
Popular passages
Page 87 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given, the verdict, such defect, imperfection, or omission, is cured by the verdict.
Page 227 - 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 235 - Act annexed, or as near thereto as the Circumstances of the Case will admit...
Page 197 - Courts on behalf of such person expressly named by him. and attending at his request, to inform him of the nature and efrectof such warrant or cognovit before the same is executed ; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.
Page 38 - In all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the Court, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Page 69 - 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...
Page 101 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page xxxv - ... whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the...
Page 167 - An Act for Prevention of Frauds and Perjuries, and of an Act passed in the Parliament of Ireland in the seventh year of the reign of King William the Third, intituled An Act for Prevention of Frauds and Perjuries...
Page 87 - Where a matter is so essentially necessary to be proved, that had it not been given in evidence, the jury could not have given such a verdict, there the want of stating that matter in express terms in a declaration, provided it contains terms sufficiently general to comprehend it in fair and reasonable intendment, will be cured by a verdict...