 | Law reports, digests, etc - 1869 - 1032 pages
...that in all cases in which a misnomer would but for the act have been by law pleadable in abatement, the defendant shall be at liberty to cause the declaration to be amended upon summons. In Rust v. Kennedy (9) it was sought to set aside the writ and declaration for irregularity... | |
 | Solomon Atkinson - Real property - 1833 - 160 pages
...action, but that, in all cases in which a misnomer would but for this act have been bylaw pleadable in abatement in such actions, the defendant shall...inserting the right name, upon a judge's summons founded on an affidavit of the right name ; and, in case such summons shall be discharged, the costs of such... | |
 | William Tidd - Civil procedure - 1833 - 440 pages
...would, but for that act, have " been by law pleadable in abatement in such action, the defend" ant shall be at liberty to cause the declaration to be...the plaintiff, by inserting the right name, upon a 4i judge's summons, founded on an affidavit of the right name ; " and in case such summons shall be... | |
 | England, Great Britain - Justice, Administration of - 1834 - 254 pages
...that in all cases in abatement, which a misnomer would but for this act have been by law pleadable in abatement in such actions, the defendant shall...inserting the right name, upon a judge's summons founded on an Initiate of XII. And be it further enacted, That in all be'used'hf act io ns upon bills of exchange... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - Law reports, digests, etc - 1835 - 814 pages
...action, but that in all cases in which a misnomer would but for this act have been by law pleadable in abatement, in such actions the defendant shall...costs of the plaintiff, by inserting the right name on a Judge's summons." It appears, therefore, that the statute intended to preclude all objections... | |
 | Joseph Chitty - Civil procedure - 1835 - 1032 pages
...cases in which a misnomer would, but for that act, have been pleadable in abatement in such action, the defendant shall be at liberty to cause the declaration...inserting the right name upon a judge's summons, founded on an affidavit of the right name ; if, however, such a summons should be discharged, then the costs... | |
 | Thomas Edlyne Tomlins - Law - 1835 - 862 pages
...action, but that in all cases in which a misnomer would but for this act have been by law pleadable in abatement in such actions, the defendant shall...liberty to cause the declaration to be amended at the cost of the plaintiff, by inserting the right name upon a judge's summons founded on an affidavit of... | |
 | Great Britain - Law - 1836 - 756 pages
...that in all cases in which a misnomer would but for in abatement, this act have been by law pleadable in abatement in such actions, the defendant shall...inserting the right name, upon a judge's summons founded on an affidavit of the right name ; and in case such summons shall be discharged, the costs of such... | |
 | William Tidd - Civil procedure - 1837 - 942 pages
...action; but that in all cases in " which a misnomer would, but for that act, have been by law plead" able in abatement in such actions, the defendant shall...inserting the right name, upon a judge's summons, founded on " an ajpdatit of the right name ; and in case such summqns shall be " discharged, the costs of such... | |
 | William Tidd - Civil procedure - 1837 - 720 pages
...which a misnomer would, but for that act, have been by law " pleadable in abatement in such action, the defendant shall be at " liberty to cause the declaration...the right name, upon a judge's summons, " founded on an affidavit of the right name ; and in case such sum" mons shall be discharged, the costs of such... | |
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that no plea in abatement for a misnomer shall be allowed in any personal action, but that in all cases in which a misnomer would but for this act have been by law pleadable in abatement in such actions, the defendant shall be at liberty to cause the... 
