The New Practice of the Common Law, 2. köideLaw Times Office, 1857 |
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Page 507
... fact generally simultaneous . Final judgment is complete at the time of signing it . ( 3 ) And where judgment is signed for want of a plea , it is complete at the time of signing it , though the costs are not taxed . ( 4 ) No execution ...
... fact generally simultaneous . Final judgment is complete at the time of signing it . ( 3 ) And where judgment is signed for want of a plea , it is complete at the time of signing it , though the costs are not taxed . ( 4 ) No execution ...
Page 513
James Paterson. ( 5. ) Ditto , where there are Issues in Fact tried before Issues of Law , and Plaintiff succeeds at the Trial , but fails on the Demurrer . Whereupon all and singular the premises aforesaid , whereof the parties have put ...
James Paterson. ( 5. ) Ditto , where there are Issues in Fact tried before Issues of Law , and Plaintiff succeeds at the Trial , but fails on the Demurrer . Whereupon all and singular the premises aforesaid , whereof the parties have put ...
Page 521
... facts as follows : - Form of Affidavit . In the Q. B. [ " C. P. " or " Exch . of Pleas . " ] Between A. B. , plaintiff , and C. D. , defendant . " I , A. B. , of the above - named plaintiff , make oath and say , 1. That C. D. , the ...
... facts as follows : - Form of Affidavit . In the Q. B. [ " C. P. " or " Exch . of Pleas . " ] Between A. B. , plaintiff , and C. D. , defendant . " I , A. B. , of the above - named plaintiff , make oath and say , 1. That C. D. , the ...
Page 525
... FACT , AND WHERE MATTER OF FACT IS RELIED ON AS A DEFENCE TO ERROR IN LAW . 1. Of the memorandum and affi- davit of error in fact . fact relied on as a defence to error in law . 2. Proceedings where matter of 3. Of the assignment of ...
... FACT , AND WHERE MATTER OF FACT IS RELIED ON AS A DEFENCE TO ERROR IN LAW . 1. Of the memorandum and affi- davit of error in fact . fact relied on as a defence to error in law . 2. Proceedings where matter of 3. Of the assignment of ...
Page 527
... fact it lies in the same court ; ( 10 ) if in the judgment itself , and not in the process , it must be brought in another and superior court . ( " ) From a judgment of the Queen's Bench , ( 1 ) Roll . Abr . 747 ; 1 Leon . 261 ...
... fact it lies in the same court ; ( 10 ) if in the judgment itself , and not in the process , it must be brought in another and superior court . ( " ) From a judgment of the Queen's Bench , ( 1 ) Roll . Abr . 747 ; 1 Leon . 261 ...
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Common terms and phrases
9 Dowl affidavit aforesaid allowed amend appear application arrest assignment attorney bail-bond bailiwick bankrupt bankruptcy bill Bing bond brought C. L. P. Act cause of action chattels Chitt claimant cognovit Common Law Common Law Procedure Common Pleas copy costs Court of Queen's creditor custody damages debt debtor declaration default defendant defendant's delivered demurrer discharge ejectment entered entitled equity Exchequer of Pleas facias Form given Ibid indorsed insolvent issue judgment debtor justices Law Procedure Act levied Lord matter ment nolle prosequi notice obtained officer paid party payment person plaintiff in error pleaded prison proceed Queen's Bench Railway Company recovered rent replevin Rule Pr scire facias security for costs shareholder sheriff sign judgment statute stay sued suit superior courts Taunt tenant thereof thereupon trial unless verdict warrant of attorney Westminster writ of capias writ of execution writ of summons
Popular passages
Page 596 - 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 1008 - ... no warrant of attorney to confess judgment in any personal action, or cognovit actionem, given by any person, shall be of any force unless there shall be present some attorney of one of the superior courts on behalf of such person, expressly 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...
Page 592 - CD in your bailiwick, except his oxen and beasts of the plough; and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure...
Page 1057 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants...
Page 603 - 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 596 - CD, or any person in trust for him, was seised or possessed of on the said day of (a), or at any time afterwards, or over which the said CD on that day, or at any time afterwards, had any disposing power, which he might, without the assent of any other person, exercise for his own benefit...
Page 20 - It shall be lawful for the defendant or plaintiff in replevin in any cause in any of the superior Courts in which, if judgment were obtained, he would be entitled to relief against such judgment on equitable grounds, to plead the facts which entitle him to such relief by way of defence, and the said Courts are hereby empowered to receive such defence by way of plea, provided that such plea shall begin with the words " for defence on equitable grounds,
Page 529 - ... accrued, within the age of twenty-one years, feme covert, non compos mentis, or beyond the seas, then such person...
Page 973 - ... direct, conditioned not to commit any waste, or act in the nature of waste, or other wilful damage, and not to sell or carry off any standing crops, hay, straw, or manure produced or made (if any) upon the premises, and which may happen to be thereupon, from the day on which the verdict shall have been given, to the day on which execution shall finally be made upon the judgment, or the same be set aside (as the case may be...