A Treatise on the Writ of Scire Facias, with an Appendix of References to Forms |
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Page vii
... authorities , not wishing in any case to claim a credit which did not belong to him . In some of the cases treated of in which the writ is re- quired , as where it is necessary to revive a judgment pre- sumed to be satisfied by lapse of ...
... authorities , not wishing in any case to claim a credit which did not belong to him . In some of the cases treated of in which the writ is re- quired , as where it is necessary to revive a judgment pre- sumed to be satisfied by lapse of ...
Page 4
... authority , from henceforth they shall have such vigour , that hereafter it shall not need to plead for them . But when the plaintiff cometh to the King's Court , if the recognizance or fine le- vied be fresh , that is to say , levied ...
... authority , from henceforth they shall have such vigour , that hereafter it shall not need to plead for them . But when the plaintiff cometh to the King's Court , if the recognizance or fine le- vied be fresh , that is to say , levied ...
Page 18
... authority of the case of Musgrave v . Wharton ( f ) that this was a material variance , the modern practice of setting out the recuperavit of the judgment only in general terms , not abolishing the requisites of the ancient mode of ...
... authority of the case of Musgrave v . Wharton ( f ) that this was a material variance , the modern practice of setting out the recuperavit of the judgment only in general terms , not abolishing the requisites of the ancient mode of ...
Page 22
... authority of Swains- bury v . Pringle , that this variance between the process and the declaration was matter of irregularity which might be taken advantage of by applying to the Court , but that the objection could not be taken on ...
... authority of Swains- bury v . Pringle , that this variance between the process and the declaration was matter of irregularity which might be taken advantage of by applying to the Court , but that the objection could not be taken on ...
Page 24
... authorities that " if the issued after demandant sues execution after a year after judgment , he must without a have a scire facias ( c ) ; for if he sues a capias ad satisfaciendum , not void but & c . , after the year , without ...
... authorities that " if the issued after demandant sues execution after a year after judgment , he must without a have a scire facias ( c ) ; for if he sues a capias ad satisfaciendum , not void but & c . , after the year , without ...
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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.