« EelmineJätka »
special verdict, 357; how taken and settled, 357; practical directions,
what it should state, 357; how set down for argument, 357;
argument of, 357; construction of, 357; trial de novo, when
awarded, 573; error lies on judgment, 357; form of postea on a spe-
eial verdiet, 358; verdict subject to a special case, 358; how framed
and settled, 358; practical directions, 358; proceedings on, 359;
argument, &c. of, 359; costs, 359; error upon judgment upon
special case, 359; form of special case, 359; questions of fact
without pleading may be tried, 439; see Questions ; da-
mages, 360; see "Damages; "amendment of verdict, 1081; by
judge's notes &c., 1081; to whom application to be made, 1082;
court cannot alter judge's order, 1082; verdiet in ejectment,
956, 957; see Ejectment;" verdiet in actions against executors
or administrators, 662; verdiet taken subject to a reference,
staying proceedings in, 1046; new trial not granted in, 389.
of real or personal property in dispute by jury may be had in all
cases, 247: rule for view drawn up without motion, 247; calling,
&c. of jury at trial after, 326; affidavit required on applying for
view must state distance, 247; and deposit of expenses must be
made accordingly, 247; scale of travelling expenses to under-
sheriff, showers, and jurymen, 247; form of rule for a view, 248;
costs of view, 249; inspection of real or personal property by
parties or witnesses, 249.
feigned issue may still be in the form of a wager, 484.
of privilege by attorney or officer of court, 1238.
waiver of irregularity in general, see "Irregularity;" in particular
cases, see the respective titles throughout the Index; a nullity
cannot be waived, 1050; waiver of costs to obtain speedy exe-
cution, 508; waiver of judgment by default, 1027; waiver of
woman in outlawry, 1070, 2.
or withdrawing pleadings, &c. 199; see the respective titles.
jurisdiction of courts as regards, 2; amount for which defendant
may be liable to bail in, 762; Welsh attorneys, 1217, #., 1219.
on writ of capias, 773.
WARRANT, DEMAND OF:
where action against constable, &c. 711.
by whom and when given, 1002; must be by party capable of
appointing an attorney, 1002; form of warrant of attorney, 1003;
defeasance to be written on same paper, &c., 1003; clause dispensing
with scire facias to revive judgment suggestive of breaches, &c.
1003; construction of defeasance, 1003; form of defeasance, 1003;
stamp on the warrant of attorney, what, 1004, 1005; stamp duties
on bonds, 1005; how executed, 1006; how attested, 1006; stat.
1 & 2 Vict. c. 110, ss. 9, 10, as to, 1006; what warrants within the
statute, 1006; an attorney of superior court must be present,
1007; must be present on behalf of executing party, and not as
plaintiff's attorney, 1007; must be named by, &c. attending at
request of executing party, 1007; should inform his client of
nature and effect of warrant, 1007; should attest and declare
himself to be attorney for executing party, 1008; who may take
advantage of noncompliance with the act, 1008; how far
revocable, 1008; how affected by death, marriage, &c., 1009;
filing of, 1009; must be before judgment, 1010; where given by
trader, subject to bankrupt laws by insolvent, &c., 1009, 1010;
provisions of stat. 3 Geo. 4, c. 39, as to, 1011; the twenty-one
days, how reckoned under 3 Geo. 4, c. 39, sufficient merely to sign
judgment within twenty-one days, 1011; affidavit of execution,
1011; filing subsequent agreement, 1011; consequence of not
filing, 1012; judgment on, when to be signed, 1012; must pursue
the warrant, 1012; when to be signed, 1012; in what court,
1012; in whose name, and against whom, 1012; for what amount
of debt and costs, 1013; the matter of the judgment, 1013; when
leave of court necessary before signing judgment, application
for, how made, 1013; the original warrant must be forthcoming,
1014; consequences of signing without leave, 1014; affidavit in
support of application, 1014; title of, 1014; must state execution
of warrant, 1014; must show a debt exists, 1015; that defendant
is alive, 1015; form of judgment, 1016; form of affidavit on
applying to enter up judgment after a year, 1016; judgment,
how signed, &c. 1017; of execution, &c. on, 1017; when it may
be issued, 1017; after six years, 1017; for what amount, 1017;
suggestion of breaches and sci. fa. under 8 & 9 Will. 3, c. 11,
unnecessary, 1017; entering up satisfaction on judgment, on
warrant by insolvent, 1017.
setting aside warrant, in what cases, 1018; if improperly attested,
on whose application, 1018; in case of fraud, 1018; if defendant
was infant, 1019; if a feme covert, 1019; if judgment has been
irregularly signed, 1019; if execution issued against good faith,
1020; if given without consideration, 1020.
on writ of execution, 569; on capias, 777; showing warrants, 572.
form of court for warranty of horse, 133; plea of non assumpsit in,
178; what evidence under, 178.
form of declaration for diverting, 134; plea of not guilty in action
for diverting, 177.
plea of right of way in action for trespass, 177; of not guilty in
action for obstructing, 181; form of replication to a plea of
right of way, 202.
WIFE; see " Husband and Wife."
proceedings under, 759; to what companies acts apply, 759; do
not apply to the Joint-Stock Companies Act, 1856, 759; company,
when dissolved, 759; effect of dissolution, 759; actions by and
against official manager, 759; official manager may compromise,
&c. 759; effect of judgment against official manager, 1759;
execution against official manager, 759; indemnity of official
manager, 759; no action to be brought by official manager
without leave, &c. 759; official manager may defend certain
actions against individual contributory, 759; consent of Master
to actions proceeding, 759; where only interim manager ap-
pointed, 760; staying actions until proof of claim, 760.
WITHDRAWING A JUROR, 346:
form of postea therein, 347; costs on, 347; staying proceedings in
second action after, 347.
WITHDRAWING PLEAS, 199:
replication, 206; demurrer, 899; notice of trial, 219.
WITHDRAWING RECORD, 324.
of documents, &c. 227.
WITHERNAM, CAPIAS IN:
writ of, 980.
who may be a witness, 249; parties to actions, 249; husband and
wife, how far compellable, 250; atheists and infants, 250; deaf
and dumb lunatics, 251; jurors being witnesses, 251; compelling
attendance of, 249; subpoena, 251; form of subpoena and præcipe,
251; how sued out, 252; requisites of subpoena, 252; how sub-
pœna is served, 253; when it must be served, 253; when witness
may refuse to attend, 254; tendering expenses of, 254; what
expenses witness is entitled to, 255; waiver of right to expenses,
255; table of sums allowed to witnesses for loss of time, 256;
travelling expenses of witnesses, what, 256; remedy of witness
for his expenses, 257; subpæna duces tecum, 257; form of
subpoena duces tecum, 257, 258; service and effect of subpana
duces tecum, 258; what is a good excuse for not bringing the
document, 258; witness cannot be represented by counsel to
argue his liability to produce, 260; no subpoena for producing an
original record issued without leave, 260; punishment for not
obeying subpoena, 260; attachment for disobedience, 260; how
and when moved for, 260; what excuse can be shown, 261; how
damages assessed, 261; action on the case against witness, 261;
what necessary to be proved in the action, 261; protection of
witness from arrest, 261; in what cases, 262; how witness dis-
charged, if unlawfully arrested, 262; habeas corpus ad testifi-
candum, where witness in custody, 263; form of the writ, 263;
form of affidavit on application, 263.
compelling attendance of witnesses residing in Scotland or Ireland,
264; rule for leave to issue subpoena to such witness is absolute
in first instance, 1294; punishment of witness for disobeying the
examination of witness within jurisdiction before trial, in what
cases, 266; as in illness, &c. 266; when application made and
how resisted, 266; form of affidavit on the application, 267;
what the affidavit must state, 267; to whom the application
should be made, 268; rule or order for the examination, 268; to
be viva voce, or by interrogatories, 268; form of interrogatories
in such case, 269; proceedings before the examiner, 269; form
of notice of the examination, 269; examiner's certificate of the
examination, 270; form of the examiner's certificate, 270.
examination of witnesses out of the jurisdiction, as in the colonies
and foreign countries, 270; powers of the court generally, 270,
271; mandamus cannot issue to courts in Scotland or Ireland to
examine witness, but may to any British colony or India, 272;
commission only can be issued to a foreign country, but a com-
mission or mandamus may go to British colony, 272; commission
to examine witness abroad, in what cases, 272; when applied
for, 272; form of affidavit in applying for the commission, 272,
273; rule or order for commission, 273; in what terins rule is
drawn up, 274; form of the commission, 275; form of witness's
oath, 277; form of commissioner's oath, 277; form of clerk's
oath, 277; proceedings under the commission, 277; where com-
mission is to person in Scotland or Ireland compelling attendance
of witness, 278; return of the commission, 278.
mandamus to colonial or Indian court to examine witnesses, 279;
form of mandamus, 280; proceeding under mandamus, 280.
depositions of witnesses must be filed, 280; admissibility of, at the
trial, 281; must be shown that witness is abroad, dead, or infirm,
281; depositions may be read by either party, 281.
costs of commission, or mandamus, or rule for examination are
costs in the cause, 282.
swearing of witnesses at trial, 335; different modes of swearing,
335; examination of witnesses on the voir dire, 336; ordering
witnesses out of court, 337; leading questions to, 337; objections
to competency of, 336; witness must only speak to facts within
his own knowledge, &c. 338; refreshing memory by referring
to paper, &c. 339; opinion admissible on question of science,
339; comparison of disputed handwriting, evidence of witness as
to, 304, 340; how far party may discredit his own witness, 340;
cross-examination, 340; testing credit of witness by previous
statements, 341; proof of contradictory statements of witness,
341; other modes of impeaching witness's credit, 341, impeach-
ing character of the witness, 342; re-examination of, 342;
recalling after case closed, 343; privilege of, from answering
criminating questions, 343; putting off trial for absence of, 305;
new trial for absence of, 387; for perjury of, 387; for mistake
of, 388; costs of, on taxation of costs, 485; costs of parties as
witnesses, 485, 486; subsistence-money, 486; attending before
commission day, 487; costs of qualifying witnesses to give evi-
witness to assignment of bail-bond, 802; to warrant of attorney,
1006; to cognovit, 1022.
WOMAN, see "Husband and Wife."
seizure of goods of, when cohabiting with defendant, 575.
after," 39; "attorney," 12, 16; "clear days," 39; "forthwith,"
40; "from," 40; "immediately," 40; "incidental expenses,"
of execution, 607; "month," 40; "pleading issuably." 168;
"rejoining gratis," 168; "short notice of trial," 214; "until," 39.
WORK AND LABOUR:
declaration for, 131.
WRIT OF EXECUTION, 559.
return days for, 565; rule or order to return, 610, 612; attachment
for not returning, 613.
of trial before sheriff generally, 28; see Trial before Sheriff."
of error abolished, except in certain cases, 529; see Error, Pro-
ceedings in;" for reversal of outlawry, 1073.
writ of exigi facias, 1071.
of false judgment, 558.
of fieri facias, 580.
of injunction, 1276; see "Injunction," "Railway Traffic Act."
of inquiry generally, 30, see "Inquiry, Writ of."
of mandamus, 1271; see "Mandamus."
of possession in ejectment, 961.
of protection, 788
de retorno habendo, 991.
of second deliverance, 990.
of summons, 83; see " Summons, Writ of."
of venditioni exponas, 578; in outlawry, 1073.
London: Printed by JOHN CROCKFORD, 29, Essex-street, Strand.