The Law and Practice as to Costs: With Statutes and Practical Forms ... |
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... ment is passed , to be made to its provisions . A bill ( as amended on report ) intituled : An act to alter an act of the 43d year of the reign of Queen Elizabeth , intituled , An act to avoid trifling and frivolous suits in law in her ...
... ment is passed , to be made to its provisions . A bill ( as amended on report ) intituled : An act to alter an act of the 43d year of the reign of Queen Elizabeth , intituled , An act to avoid trifling and frivolous suits in law in her ...
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... ment given against him for any costs ; provided upon the trial , the Judge trying the cause , or on a judgment given on other proceedings in the cause , the Court " certify that he had probable cause for such defence ; " but a defence ...
... ment given against him for any costs ; provided upon the trial , the Judge trying the cause , or on a judgment given on other proceedings in the cause , the Court " certify that he had probable cause for such defence ; " but a defence ...
Page 11
... ment , and after the costs of it , and of the application for it , are paid , to pay the debt and costs indorsed on the writ ; and the rule is the same where a writ of distringasa or a capiase is issued . Where less than one - sixth is ...
... ment , and after the costs of it , and of the application for it , are paid , to pay the debt and costs indorsed on the writ ; and the rule is the same where a writ of distringasa or a capiase is issued . Where less than one - sixth is ...
Page 16
... ment thereon of assets quando acciderint ; and if there is not any other plea , he may , if the action is " on pro- mises , " execute an inquiry of damages , and on its return ( or in an action of debt , without any writ of enquiry ) ...
... ment thereon of assets quando acciderint ; and if there is not any other plea , he may , if the action is " on pro- mises , " execute an inquiry of damages , and on its return ( or in an action of debt , without any writ of enquiry ) ...
Page 17
... ment , insert it at the head of his replication ; or he may if material to his case , set out therein on øyer , a deed or other instrument , of which a profert is made in the plea . [ 16 ] The nature of the issue as joined is material ...
... ment , insert it at the head of his replication ; or he may if material to his case , set out therein on øyer , a deed or other instrument , of which a profert is made in the plea . [ 16 ] The nature of the issue as joined is material ...
Other editions - View all
The Law and Practice as to Costs: With Statutes and Practical Forms George Barclay Mansel No preview available - 2018 |
The Law and Practice As to Costs: With Statutes and Practical Forms George Barclay Mansel No preview available - 2015 |
Common terms and phrases
affidavit afterwards allocatur allowed amendment amount application arrested awarded bailiwick bill of costs Bing certify charges chattels Chit Common Pleas costs thereon Court of Record Court or judge creditor damages debt defendant or defendants demurrer discharged Dowl Eliz entitled Exchequer of Pleas execution expences fees fendant fieri facias Gale given Hodges Ibid indorsed inferior Court issue J. B. Moore judge's order judgment debtor jury justice lands levied liable Lord Lord Denman ment nisi prius nolle prosequi nonsuit notice officer paid party payment of costs person or persons plaintiff or plaintiffs pleadings proceedings Queen's Bench record or writ recover replevin rule or order Saund scire facias Scott Sect sheriff shew cause Smith statute sued Superior Courts Taunt taxation taxed tenements thereof thereupon tithes verdict Vict Westminster witnesses writ of error writ of execution writ of trial
Popular passages
Page 198 - Lord (a), or at any time afterwards, or over which the said CD on the said day of (a), 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 203 - 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 162 - ... to plead the general issue, and give the special matter in evidence...
Page 194 - 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 199 - AB, as for his costs and charges by him about his suit in that behalf expended...
Page 206 - AB in pursuance of the said decree or order [as the case may be]. And that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf; and in what manner you shall have executed this our writ make appear to us in our said Court immediately after the execution thereof.
Page 186 - ... for perjury, and otherwise, as if no such variance had appeared; and in case such trial shall be had at nisi prius...
Page 186 - ... when any variance shall appear between the proof and the recital or setting forth on the record, writ, or document on which the trial is proceeding, of any contract, custom, prescription, name or other matter, in any particular or particulars in the judgment of such Court or judge not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence...
Page 187 - ... into a bond, with two sufficient sureties, for indemnifying him from all costs and expenses to be incurred in the prosecution of such action, or to which he may become liable in consequence thereof, the expense of such bond to be deducted out of any money to be recovered in such action.
Page 187 - ... specialties, or other securities for money, belonging to the person against whose effects such writ of fieri facias shall be sued out ; and may and shall pay or deliver to the party suing out such execution any money or bank notes which shall be so seized, or a sufficient part thereof...