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 xxiv
... entitled to succeed ( sect . 50 , p . 86 ) . Certain forms are given in Schedule B. ( p . 299 ) which it is not com- pulsory to adopt , but at every stage of the pleadings ( a ) On the supposed advantage of special demurrers the ...
... entitled to succeed ( sect . 50 , p . 86 ) . Certain forms are given in Schedule B. ( p . 299 ) which it is not com- pulsory to adopt , but at every stage of the pleadings ( a ) On the supposed advantage of special demurrers the ...
Page xxxi
... entitled to the same judg- ment as if the facts had been originally stated , and also the costs of the proceedings on the suggestion , and even if he fails , although he will have to pay the costs of the proceedings on the suggestion ...
... entitled to the same judg- ment as if the facts had been originally stated , and also the costs of the proceedings on the suggestion , and even if he fails , although he will have to pay the costs of the proceedings on the suggestion ...
Page xxxiv
... entitled to a special jury upon a ten days notice to the defendant , while the defendant or plaintiff in replevin must give a notice to the opposite party , either before notice of trial has been given , or more than six days before the ...
... entitled to a special jury upon a ten days notice to the defendant , while the defendant or plaintiff in replevin must give a notice to the opposite party , either before notice of trial has been given , or more than six days before the ...
Page xxxvi
... entitled to priority , according to the time of the original delivery thereof , and the production of a writ sealed as renewed will be sufficient evidence of such renewal ( sect . 125 , p . 149 ) . To remedy a great practical ...
... entitled to priority , according to the time of the original delivery thereof , and the production of a writ sealed as renewed will be sufficient evidence of such renewal ( sect . 125 , p . 149 ) . To remedy a great practical ...
Page xxxviii
... entitled to issue execution as prayed , but if the application to enter such suggestion fail , it will not pre- clude proceedings for the same purpose by writ of revivor ( sect . 129 , p . 162 ) . The writ of scire facias is , however ...
... entitled to issue execution as prayed , but if the application to enter such suggestion fail , it will not pre- clude proceedings for the same purpose by writ of revivor ( sect . 129 , p . 162 ) . The writ of scire facias is , however ...
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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...