An Elementary View of the Proceedings in an Action at Law |
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Page 36
... facias , which lies to enforce a judgment recognizance , or other obligation of record . $ 9 . 4. Account , and- 5. Annuity . - But of these two forms of action , the former is almost , the latter quite , obsolete . 6. Assumpsit , which ...
... facias , which lies to enforce a judgment recognizance , or other obligation of record . $ 9 . 4. Account , and- 5. Annuity . - But of these two forms of action , the former is almost , the latter quite , obsolete . 6. Assumpsit , which ...
Page 37
... facias bear more resemblance to those in ordinary forms of action : still , there are several very important differences . The different forms of personal actions being enumerated , the next thing to be considered , is the time within ...
... facias bear more resemblance to those in ordinary forms of action : still , there are several very important differences . The different forms of personal actions being enumerated , the next thing to be considered , is the time within ...
Page 53
... inventus and nulla bona , and there must not be less than fifteen days between its return and the day of its delivery to the sheriff . The next step is , to sue out a writ of Exigi Facias , directed to the OUTLAWRY . 53.
... inventus and nulla bona , and there must not be less than fifteen days between its return and the day of its delivery to the sheriff . The next step is , to sue out a writ of Exigi Facias , directed to the OUTLAWRY . 53.
Page 54
... Facias , there are seldom so many as five courts of hustings between its teste and its return . And , when there are not , another writ issues called an Allocatur Exigent , which is exactly like the Exigi Facias , only that it directs ...
... Facias , there are seldom so many as five courts of hustings between its teste and its return . And , when there are not , another writ issues called an Allocatur Exigent , which is exactly like the Exigi Facias , only that it directs ...
Page 55
... Facias , to collect his debts ; and of Levari Facias , to levy the profits of his lands ; and , when this has been done , the court will order the proceeds to be paid to the plaintiff in satisfaction of his claim , and the treasury will ...
... Facias , to collect his debts ; and of Levari Facias , to levy the profits of his lands ; and , when this has been done , the court will order the proceeds to be paid to the plaintiff in satisfaction of his claim , and the treasury will ...
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Common terms and phrases
actions of trespass affidavit aforesaid afterwards appear application arrest assizes assumpsit attorney bail bond bailiwick barons brought called cause of action certify chattels chief justice commanding the sheriff common law Common Pleas counsel Curia Regis custody damages debt declaration default defendant defendant's delivered demand demurrer detinue directed Distringas Dowl Elegit enacted entered entitled Exchequer execution fendant Fieri Facias given grant indorsed jurors Lady the Queen Lord 18 ment mode motion necessary nisi prius record nolle prosequi nonsuit obtain officer outlawry person plaintiff plaintiff in error pleading practice proceedings Process Act proper Queen's Bench recover render right to costs rule of court rules of Hilary Scire Facias sheriff special bail special jury stat statute sued suit summary jurisdiction superior courts term thereof tried the cause Uniformity of Process unless the judge vacation venire venue verdict Vict Witness writ of error Writ of Summons
Popular passages
Page 227 - Therefore we command you that without delay you cause to he delivered to the said 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, tenements, rectories, tithes, rents, and hereditaments...
Page 226 - AI!, as for his costs and charges by him about his suit in that behalf expended...
Page 16 - No application to set aside process or proceedings for irregularity shall be allowed unless made within a reasonable time, nor if the party applying has taken a fresh step after knowledge of the irregularity.
Page 228 - Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith. To the Sheriff of , greeting. We command you that of the goods and chattels of CD, in your bailiwick, you cause to be made the sum of...
Page 199 - We command you, That within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered...
Page 220 - We being willing that error, if any hath been, should be duly corrected, and full and speedy justice done to the parties aforesaid in this behalf, do command you, if judgment be therein given, that then under your seal distinctly and openly, you send the record and proceedings aforesaid, with...
Page 201 - Mr. CD Take notice, that I have this day distrained upon your goods and chattels in the sum of forty shillings, in consequence of your not having appeared in the said Court to answer to the said...
Page 166 - ... 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...
Page 179 - Act annexed, or as near thereto as the Circumstances of the Case will admit...
Page 224 - Court, and according to 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. including lands and hereditaments of copyhold or customary tenure, in your bailiwick as the said...