The Common Law Procedure Act, 15 & 16 Victoria Cap. 76, and All the New Rules and Orders of Hilary Term, 1853 ..: With Notes and Cases ...Benning, 1853 - 349 pages |
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Page 2
... party defendant , or wherein the dule ( A ) . defendant shall be or shall be supposed to be , shall be mentioned ; and such writ shall be issued by any one of the officers of the said courts respectively by whom like process hath been ...
... party defendant , or wherein the dule ( A ) . defendant shall be or shall be supposed to be , shall be mentioned ; and such writ shall be issued by any one of the officers of the said courts respectively by whom like process hath been ...
Page 24
... party dissatisfied with the allowance of any such amendment may apply for a new trial upon that ground ( see 3 & 4 ... parties added is to be filed ( unless a judge dispense with such filing ) , with an affidavit of the handwriting ...
... party dissatisfied with the allowance of any such amendment may apply for a new trial upon that ground ( see 3 & 4 ... parties added is to be filed ( unless a judge dispense with such filing ) , with an affidavit of the handwriting ...
Page 26
... party or parties , the plaintiff shall nevertheless be entitled to judgment against the other defendant or defendants who shall appear to be liable ; and every defendant who is not so liable shall have judgment , and shall be entitled ...
... party or parties , the plaintiff shall nevertheless be entitled to judgment against the other defendant or defendants who shall appear to be liable ; and every defendant who is not so liable shall have judgment , and shall be entitled ...
Page 27
... parties and in the same rights , may be joined in the same suit ; be joined , but this shall not extend to replevin or ejectment ; but separate and where two or more of the causes of action so be ordered . joined are local , and arise ...
... parties and in the same rights , may be joined in the same suit ; be joined , but this shall not extend to replevin or ejectment ; but separate and where two or more of the causes of action so be ordered . joined are local , and arise ...
Page 28
... parties to an action are agreed of fact may , as to the question or questions of fact to be decided issued , by between them , they may , after writ issued , and consent , and before judgment , by consent , and order of a judge ...
... parties to an action are agreed of fact may , as to the question or questions of fact to be decided issued , by between them , they may , after writ issued , and consent , and before judgment , by consent , and order of a judge ...
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The Common Law Procedure ACT, 15 & 16 Victoria Cap. 76, and All the New ... Henry Thurstan Holland No preview available - 2016 |
Common terms and phrases
16 Vict affidavit aforesaid alleged allowed amendment apply Arch attorney bail bailiwick barons Bench or Common cause of action ceedings chattels Chit claimant commencement Common Law Common Pleas concurrent writ copy costs Court of Exchequer Court of Queen's court or judge declaration default delivered demurrer Dowl ejectment entered entitled Exch Exchequer of Pleas execution hereof facias fendant filed folio Formerly given hereditaments indorsed Ireland Queen issue joinder joinder of issue judge's order justices landlord liberty matter ment misjoinder necessary nisi prius notice of trial opposite party payment person plaintiff in error plea in abatement pounds per centum proceed proceedings in error Queen's Bench re-enactment of H. T. recovered respect rule or order sheriff of greeting sign judgment special jury statute subsequent pleading superior courts taxed tenant term thereof thereupon tion unless verdict writ of revivor writ of summons
Popular passages
Page 227 - Chancery, and according to the form of the statute, in such case made and provided, chose to be delivered to him all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough ; and also all such lands, tenements, rectories, tithes, rents, and hereditaments...
Page 203 - Revenue may be had and taken throughout the year, without reference to any seal day, provided that, 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 41 - 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, and in case of nonpayment thereof within forty-eight hours to sign judgment for his costs of suit so taxed ; or the plaintiff may reply, " that he has sustained " damages [or that...
Page 101 - ... named by him and attending at his request, to inform him of the nature and effect of 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 215 - Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith ; to the sheriff of greeting.
Page 118 - Islands" mean any part of the United Kingdom of Great Britain and Ireland, the islands of Man, Guernsey, Jersey, Alderney, and Sark, and the islands adjacent to any of them being part of the dominions of Her Majesty.
Page 30 - ... according as the very right of the cause and matter in law shall appear unto them...
Page 212 - AB in pursuance of the said decree [or, order, as the case may be~\ . And that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf. And in what manner you shall have executed this our writ, make appear to us, in our said Court immediately after the execution thereof.
Page 116 - Jud be three, from time to time to make all such general rules and orders for the effectual execution of this act, and of the intention and object hereof, and for fixing the costs to be New forms of writs and other proceedings.
Page 125 - 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 an appearance to be entered...