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 xxxvi
... death , marriage , or bankruptcy of the parties to a suit , are contained in sects . 135–141 , but consist in part ... death of a sole plaintiff , or sole surviving plaintiff , the legal representa- tive may , by leave , enter a ...
... death , marriage , or bankruptcy of the parties to a suit , are contained in sects . 135–141 , but consist in part ... death of a sole plaintiff , or sole surviving plaintiff , the legal representa- tive may , by leave , enter a ...
Page xxxvii
... death of the plaintiff after inter- locutory and before final judgment , proceedings are to be had as before , under 8 & 9 Will . III . c . 11 , s . 6 , except that the writ of revivor , instead of scire facias , is to be adopted ( sect ...
... death of the plaintiff after inter- locutory and before final judgment , proceedings are to be had as before , under 8 & 9 Will . III . c . 11 , s . 6 , except that the writ of revivor , instead of scire facias , is to be adopted ( sect ...
Page xxxviii
... death , as against his heirs and terre - tenants , to extend freehold land of which he was seised at the date of the judgment . And in the following cases specified in sect . 132 ( p . 166 ) , the writ of scire facias , issued out of ...
... death , as against his heirs and terre - tenants , to extend freehold land of which he was seised at the date of the judgment . And in the following cases specified in sect . 132 ( p . 166 ) , the writ of scire facias , issued out of ...
Page xli
... death of either or all of the plaintiffs or defendants , or by the marriage of the plaintiff or defendant ( sects . 161-167 , pp . 176 — 178 ) . The commissioners in 1830 strongly urged the aboli- Ejectment . tion of the action of ...
... death of either or all of the plaintiffs or defendants , or by the marriage of the plaintiff or defendant ( sects . 161-167 , pp . 176 — 178 ) . The commissioners in 1830 strongly urged the aboli- Ejectment . tion of the action of ...
Page xliii
... only according to the practice heretofore used , and not under the new provisions of the present act ( sect . 179 , p . 188 ) ; and at the trial a special Death of claimant . verdict may be found , or INTRODUCTION . xliii 189 205 191 205.
... only according to the practice heretofore used , and not under the new provisions of the present act ( sect . 179 , p . 188 ) ; and at the trial a special Death of claimant . verdict may be found , or INTRODUCTION . xliii 189 205 191 205.
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Common terms and phrases
abatement according action admitted affidavit aforesaid alleged allowed amendment amount annexed appear apply assignment attorney authority brought cause cause of action claim claimant commencement common contained contract copy costs court damages death debt default defendant delivered demand direct Dowl effect ejectment enacted entered entitled error Exch execution fact follows further give given held indorsed issue joined judge judgment jurisdiction jury land landlord leave limited manner matter ment mentioned months necessary notice object obtained officer original otherwise particulars party payment person plaintiff plea pleading possession practice present proceed proceedings proved question reasonable record recovered reference renewed residence respect rule sect served sheriff signed statute subsequent sufficient suggestion suit superior courts supra taken tenant term thereof thereupon tion traverse trial tried unless verdict Vict writ 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...