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 3
... taken out ; and when been sued the attorney actually suing out any writ shall sue in person . out the same as agent for an attorney in the country , the name and place of abode of such attorney in the country shall also be indorsed upon ...
... taken out ; and when been sued the attorney actually suing out any writ shall sue in person . out the same as agent for an attorney in the country , the name and place of abode of such attorney in the country shall also be indorsed upon ...
Page 4
With Notes and Cases ... Henry Thurstan Holland. ceedings to shall be taken thereupon without leave of the court be stayed . Indorse- and costs for a debt , or a judge ( a ) . See 2 Wm . 4 , c . 39 , s . 17 , and R. M. , 3 Wm . 4 , r ...
With Notes and Cases ... Henry Thurstan Holland. ceedings to shall be taken thereupon without leave of the court be stayed . Indorse- and costs for a debt , or a judge ( a ) . See 2 Wm . 4 , c . 39 , s . 17 , and R. M. , 3 Wm . 4 , r ...
Page 6
... taken or to be taken thereon . An original writ of summons expired on the 8th of October 1852. In order to save the Statute of Limita- tions , the court directed an alias writ to issue under the Uniformity of Process Act ; Gapp v ...
... taken or to be taken thereon . An original writ of summons expired on the 8th of October 1852. In order to save the Statute of Limita- tions , the court directed an alias writ to issue under the Uniformity of Process Act ; Gapp v ...
Page 11
... taken residing out as against a British subject resident out of the juris- of the juris- diction , save , that in lieu of the form of writ of sum- mons in the schedule ( A. ) to this act annexed , marked No. 2 , the plaintiff shall ...
... taken residing out as against a British subject resident out of the juris- of the juris- diction , save , that in lieu of the form of writ of sum- mons in the schedule ( A. ) to this act annexed , marked No. 2 , the plaintiff shall ...
Page 12
... taken thereupon . It would be out of place to do more here than refer , as to the question of jurisdiction , to Story's Conflict of Laws , c . 14 , p . 781 ; but it may be observed , that the power here given is somewhat similar to that ...
... taken thereupon . It would be out of place to do more here than refer , as to the question of jurisdiction , to Story's Conflict of Laws , c . 14 , p . 781 ; but it may be observed , that the power here given is somewhat similar to that ...
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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 according action admitted affidavit aforesaid afterwards alleged allowed amendment amount appear apply Arch assignment attorney bail cause Chit claimant commencement Common Pleas contained copy costs court Court of Queen's damages death debt defendant delivered directed Dowl effect ejectment entered entitled error Exch Exchequer execution fact filed folio follows Formerly four give given held indorsed interest issue joined judge judgment justices lands lately leave liberty Lord manner matter ment mentioned necessary notice obtained original paid particulars party payment person plaintiff pleading possession practice proceed proceedings proper Queen's Bench re-enactment reason record recovered renewed respect rule served sheriff signed special jury statute sufficient suggestion suit superior courts taken term thereof tion trial tried unless verdict Westminster Witness writ 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...