Archbold's Practice of the Court of Queen's Bench, in Personal Actions and Ejectment, Including the Practice of the Courts of Common Pleas and Exchequer, Volume 2H. Sweet, 1840 - Pleading |
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Page 675
... Error and Sci The cognovit generally contains an agreement upon the part Agreement to of the defendant that no writ of error shall be brought , nor bill in equity filed ( n ) ; and if , notwithstanding this , the de- Fa . fendant does ...
... Error and Sci The cognovit generally contains an agreement upon the part Agreement to of the defendant that no writ of error shall be brought , nor bill in equity filed ( n ) ; and if , notwithstanding this , the de- Fa . fendant does ...
Page 712
... error being afterwards brought in the Exchequer Chamber to reverse the judgment as to the award of the writ of inquiry , that court , holding the verdict on these issues to be void , no damages having been assessed , ordered a venire de ...
... error being afterwards brought in the Exchequer Chamber to reverse the judgment as to the award of the writ of inquiry , that court , holding the verdict on these issues to be void , no damages having been assessed , ordered a venire de ...
Page 764
... Error . Bail in . By whom , and when brought . What may be 13. Error . The proceedings upon a writ of error on a judgment in ejectment are the same ( with one or two exceptions ) as in other cases . Bail is required where the defendant ...
... Error . Bail in . By whom , and when brought . What may be 13. Error . The proceedings upon a writ of error on a judgment in ejectment are the same ( with one or two exceptions ) as in other cases . Bail is required where the defendant ...
Page 765
... error , that , being an infant , he appeared by attorney ( j ) . And it seems that nothing can be assigned for error , that would make assigned for it necessary to go again into the title of the premises ( k ) . The omission of the ...
... error , that , being an infant , he appeared by attorney ( j ) . And it seems that nothing can be assigned for error , that would make assigned for it necessary to go again into the title of the premises ( k ) . The omission of the ...
Page 783
... error , al- though he has already given the two sureties on his appear- ance , under the first section of the act ( f ) . But , in such case , putting in and perfecting bail in error will discharge the intermediate recognisance ( not to ...
... error , al- though he has already given the two sureties on his appear- ance , under the first section of the act ( f ) . But , in such case , putting in and perfecting bail in error will discharge the intermediate recognisance ( not to ...
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Common terms and phrases
affidavit allocatur allowed amended Anon ante appear application arbitrator assignees assumpsit award bail Bing BOOK Burr capias cause of action certificate CHAP Chit cognovit Common Pleas copy costs counts creditor custody damages debt declaration default defendant defendant's delivered demurrer discharge Dowl East ejectment entered entitled execution executor fendant Forms given granted held holden issue Jones judge jury Lords masters ment Moore motion Nisi Prius nolle prosequi nonsuit notice obtained party payment person plaintiff plead prisoner proceedings Raym refused replevin rule nisi rule of court Salk Saund scire facias Scott SECT security for costs served sheriff shew cause sign judgment Smith statute sued summons Taunt tenant term thereof Tidd tion trial unless verdict warrant of attorney Wils writ of error writ of execution writ of inquiry writ of summons
Popular passages
Page 804 - ... 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 1052 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Page 869 - ... that no first writ shall be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited...
Page 1156 - Majesty's Courts of Record, shall not be revocable by any Party to such Reference, without the Leave of the Court by which such Rule or Order shall be made, or which shall be mentioned in such Submission, or by Leave of a Judge...
Page 725 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued...
Page 1217 - Provided, that in case of trial before a judge of one of the superior courts, or judge of assize, if the judge shall certify on the postea that the cause was proper to be tried before him, and not before a sheriff or judge of an inferior court, the costs shall be taxed on the higher scale.
Page 764 - ... and all other persons claiming and deriving under the said lease, shall- be barred and foreclosed from all relief or remedy in law or equity...
Page 1159 - ... together with or after the service of such rule or order ; provided always, that every person whose attendance shall be so required shall be entitled to the like conduct money, and payment...
Page 910 - Will. 4, c. 42, s. 21, which enacts " that it shall be lawful for the defendant in all personal actions (except actions for assault and battery, false imprisonment, libel, slander, malicious arrest or prosecution, criminal conversation, or debauching of the plaintiff's daughter or servant...
Page 869 - ... inventus, and entered of record within one calendar month next after the expiration thereof, including the day of such expiration...