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" Judge may, on the application of the plaintiff before trial, if in the opinion of the Court or Judge such set-off or counter-claim cannot be conveniently disposed of in the pending action, or ought not to be allowed, refuse permission to the defendant... "
A Digest of the Questions Asked at the Final Examination of Articled Clerks ... - Page 85
by Richard Hallilay - 1884 - 635 lehte
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The Supreme Court of Judicature Act, 1873: With Rules of Procedure ..., lk 941

Great Britain, Thomas Preston - 1873 - 244 lehte
...final judgment in the same action, both on the original and on the cross-claim. But the Court or a Judge may, on the application of the plaintiff before...permission to the defendant to avail himself thereof. Power to give judgment fur Defendant for balance under . counter-claim. 21. Where in any action a set-off...
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Parliamentary Papers, 5. köide

Great Britain. Parliament. House of Commons - 1873 - 604 lehte
...final judgment in the same action, both on the original and on the cross claim. But the Court or a Judge may, on the application of the plaintiff before...conveniently disposed of in the pending action, or 15 ought not to be allowed, refuse permission to the defendant to avail himself thereof. 21. Where...
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Outlines of Equity: Being a Series of Elementary Lectures on Equity ...

Freeman Oliver Haynes - 1874 - 570 lehte
...judgment in the same action, • ' both on the original and on the cross claim. But the Court or a judge • ' may, on the application of the plaintiff...the opinion of •' the Court or judge such set-off cannot be conveniently disposed of in the •' pending action, or ought not to be allowed, refuse permission...
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The Law and Practice of the Supreme Court of Judicature, Comprising the ...

Wynne E. Baxter - 1874 - 452 lehte
...final judgment in the same action, both on the original and on the cross claim. But the Court or a Judge may, on the application of the plaintiff before...trial, if in the opinion of the Court or Judge such sct-off or counter-claim cannot be convenicntly disposed of in the pending action, or ought not to...
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The Law and Practice of the Supreme Court of Judicature

Arundel Rogers - 1875 - 592 lehte
...final judgment in the same action, both on the original and on the cross claim. But the Court or a judge may, on the application of the plaintiff before...permission to the defendant to avail himself thereof. 4. Every pleading shall contain as concisely as may be a statement of the material facts on which the...
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The New System of Practice and Pleading Under the Supreme Court of ...

Sir William Thomas Charley - 1875 - 754 lehte
...as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross claim. But the Court or » Judge may, on...of the plaintiff before trial, if in the opinion of tht Court or Judge such set-off or counter-claim cannot be conveniently disposal of in the pending...
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The Student's Guide to the Supreme Court of Judicature Acts, 1873 & 1875 ...

John Indermaur - 1875 - 152 lehte
...pronounce final judgment thereon in the same action ; but the Court or a judge, if of opinion that such counter-claim cannot be conveniently disposed of in the pending action, or ought not to be allowed, may refuse permission to the defendant to avail himself thereof. (Order 19, r. 3.) Q. A plaintiff sues...
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The Supreme Court of Judicature Acts 1873 and 1875: With the Rules, Orders ...

William Downes Griffith - 1875 - 700 lehte
...•• i *° defendant such set-off or counter-claim cannot be conveniently disposed to avail himself of in the pending action, or ought not to be allowed, refuse of '*• permission to the defendant to avail himself thereof. This rule enlarges greatly the rules...
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Principles of the Common Law: An Elementary Work Intended for the Use of ...

John Indermaur - 1876 - 530 lehte
...a final judgment in the same action both on the original and on the cross claim. But the court or a judge may, on the application of the plaintiff before trial, if in the (r) Brown's Law Diet. 328. (d) See hereon generally, Chitty on Contracts, 772-791. (c) See Snell's...
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The Practice of the Supreme Court of Judicature and of the House of Lords on ...

Charles Locock Webb - 1877 - 898 lehte
...final judgment in the same action, both on the original and on the cross claim. But the Court or a Judge may, on the application of the plaintiff before...permission to the defendant to avail himself thereof. See Order XXTL, which relates to defence; and Netcellv. National Provincial Bank, 1 CPD 496 ; Eyre...
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