A Treatise on the Writ of Scire Facias, with an Appendix of References to Forms |
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Page xvi
... DEFENDANTS , AND ALSO IN THE CASE OF THE DEATH OF A SOLE PLAINTIFF OR DEFENDANT . Of the Necessity of issuing a Writ of Scire Facias in case of the Death of a Plaintiff or Defendant in an Action , in order to have Execution of the ...
... DEFENDANTS , AND ALSO IN THE CASE OF THE DEATH OF A SOLE PLAINTIFF OR DEFENDANT . Of the Necessity of issuing a Writ of Scire Facias in case of the Death of a Plaintiff or Defendant in an Action , in order to have Execution of the ...
Page 8
... defendant , and the indul- gence of the plaintiff ought not to be turned to his preju- dice ( n ) . Also where the defendant brings a writ of error , and thereby hinders the plaintiff from taking out execution within the year , because ...
... defendant , and the indul- gence of the plaintiff ought not to be turned to his preju- dice ( n ) . Also where the defendant brings a writ of error , and thereby hinders the plaintiff from taking out execution within the year , because ...
Page 9
... defendant , ought not to be taken advantage of by a defendant , who is so far from being surprised by the plaintiff's delay that he him- self tries all manner of methods whereby he may delay the plaintiff " ( r ) . In any of these cases ...
... defendant , ought not to be taken advantage of by a defendant , who is so far from being surprised by the plaintiff's delay that he him- self tries all manner of methods whereby he may delay the plaintiff " ( r ) . In any of these cases ...
Page 13
... defendant may plead to it ; for , whenever the defendant may action . plead to any writ , whether original or judicial , it is in law an action ( e ) ; and , though to revive a judgment , it is a judicial writ to continue the effect of ...
... defendant may plead to it ; for , whenever the defendant may action . plead to any writ , whether original or judicial , it is in law an action ( e ) ; and , though to revive a judgment , it is a judicial writ to continue the effect of ...
Page 25
... defendant brought his action for false imprisonment , and the plaintiff justified under the ca. sa . The defendant then applied to set aside the ca. sa . , and it appearing that a capias ad respondendum only had been obtained in an ...
... defendant brought his action for false imprisonment , and the plaintiff justified under the ca. sa . The defendant then applied to set aside the ca. sa . , and it appearing that a capias ad respondendum only had been obtained in an ...
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Common terms and phrases
8th ed Act of Parliament action of debt affidavit aforesaid assigned bail banking co-partnership banking company bankrupt bond breaches Chitty's Arch common law concurrent writs conusee conusor costs Court of Chancery Court of Exchequer Court of Queen's creditor Crown damages debtor discharged Dowl elegit enacted entered Exch executor granted held insolvent Inst issue a scire judg judgment obtained Justice lands letters patent levied Lord ment motion necessary original action party payment personal actions plea plead proceedings public officer Queen's Bench Ransford Raym recognizance record recovered remedy revive a judgment Rickerby roll rule Salk Saund scire facias secondarily liable sect shareholders sheriff show cause stat statute merchant Statute of Westminster statute staple Stra sued suggestion suit thereof Tidd Tidd's Prac tion writ of error writ of execution writ of scire
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.