A Treatise on the Writ of Scire Facias, with an Appendix of References to Forms |
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Page 2
... appear in court and plead in bar of the execution , or show any cause if he can by release or otherwise , why execution should not issue on the judgment or record against him ( d ) . In real actions ( e ) , and on a writ of annuity ( f ) ...
... appear in court and plead in bar of the execution , or show any cause if he can by release or otherwise , why execution should not issue on the judgment or record against him ( d ) . In real actions ( e ) , and on a writ of annuity ( f ) ...
Page 3
... appearing on the roll , a scire facias issued to show cause why execution should not be awarded . why it is 3 personal ac- the expira- " But if the plaintiff , after he had obtained judgment in any The reason personal action , had lain ...
... appearing on the roll , a scire facias issued to show cause why execution should not be awarded . why it is 3 personal ac- the expira- " But if the plaintiff , after he had obtained judgment in any The reason personal action , had lain ...
Page 15
... appears to be founded ; and it is hoped , that ( g ) Duke of Norfolk v . Spencer , 4 Dowl . 746 ; and see Smith v . Mee , 1 D. & L. 907 ; Wright v . Maddocks , 8 Q. B. 119 . ( r ) Ante , p . 6 , 11 . ( s ) Ante , p . 11 , 13 . ( 1 ) ...
... appears to be founded ; and it is hoped , that ( g ) Duke of Norfolk v . Spencer , 4 Dowl . 746 ; and see Smith v . Mee , 1 D. & L. 907 ; Wright v . Maddocks , 8 Q. B. 119 . ( r ) Ante , p . 6 , 11 . ( s ) Ante , p . 11 , 13 . ( 1 ) ...
Page 18
... appear to have been carried further , and it may be a question how far the identity of the judgment is sufficiently esta- blished with such a variance on the record ; and , as the scire ( b ) There must be privity , or a scire facias ...
... appear to have been carried further , and it may be a question how far the identity of the judgment is sufficiently esta- blished with such a variance on the record ; and , as the scire ( b ) There must be privity , or a scire facias ...
Page 20
... appear to the Court to be wrong , and there may be such a judgment ( c ) . Distinction in this In the case of the nonjoinder of a co - contractor there is a respect , be- distinction between a scire facias to revive a judgment and an ...
... appear to the Court to be wrong , and there may be such a judgment ( c ) . Distinction in this In the case of the nonjoinder of a co - contractor there is a respect , be- distinction between a scire facias to revive a judgment and an ...
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Common terms and phrases
13 Vict 8th ed assignees attorney bail banking bankrupt bankruptcy bill of exceptions bond breaches Chitty's Arch clerk co-partnership common law concurrent writs conusee conusor costs Court of Chancery Court of Exchequer Court of Queen's creditor Crown debtor discharge Dowl elegit enacted enrolled entered estreated Exch Exec executor or administrator forfeited grant Hind Inst issue a scire joint-stock judg jury justices King lands letters patent levied liable Lord Lord Chancellor ment necessary nisi prius outlawry party payment person Petty plaintiff or defendant plea plead proceedings public officer Queen's Bench Raym recognizance record recovered revive roll rule Salk Saund scire facias seal sect shareholders sheriff stat statute merchant statute staple Stra sued suit testator thereof Tidd Tidd's Prac tion verdict writ of error writ of execution writ of scire zance
Popular passages
Page 50 - ... against whom execution is so sued, or any person in trust for him, shall have been seised or possessed of at the time of entering up the said judgment, or at any time afterwards, or over which such person shall, at the time of entering up such judgment, or at any time afterwards, have any disposing power which he might, without the assent of any other person, exercise for his own benefit...
Page 89 - Chancellor in matters of lunacy, whereby any sum of money, or any costs, charges, or expenses, shall be payable to any person, shall have the effect of judgments in the superior Courts of common law...
Page 14 - ... a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same...
Page 238 - Making of any manner of new Manufactures within this Realm, to the true and first Inventor and Inventors of such Manufactures, which others at the Time of Making such Letters...
Page 380 - AB by a reasonable price and extent, 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 and tenements, rectories, tithes, rents, and hereditaments...
Page 126 - That Execution upon any Judgment in any Action obtained against any Public Officer for the Time being of any such Corporation or Copartnership carrying on the Business of Banking under the Provisions of this Act, whether as Plaintiff or Defendant, may be issued against any Member or Members for the Time being of such Corporation or Copartnership...
Page 257 - An Act to amend an Act of the fifth and sixth years of the reign of King William the Fourth, intituled ' 'An Act to amend the law touching letters patent for inventions.
Page 112 - ... being, to issue execution against any person or persons who was or were a member or members of such corporation or copartnership...
Page 306 - Act annexed, or as near thereto as the Circumstances of the Case will admit...
Page 49 - Heir, there, and in every such Case, such Trust shall be deemed and taken, and is hereby declared to be Assets by Descent, and the Heir shall be liable to and chargeable with the Obligation of his Ancestors for and by reason of such Assets, as fully and amply as he might or ought to have been, if the Estate in Law had descended to him in Possession in like Manner as the Trust descended ; any Law, Custom or Usage to the contrary in any wise notwithstanding.