An Elementary View of the Proceedings in an Action at Law |
From inside the book
Results 1-5 of 82
Page 2
... causes even of importance , and all petty causes , were decided ; for it was thought beneath the dignity of the ... action , when it appears , from the plaintiff's own shewing , that his demand is less than 40s . , and the cause is ...
... causes even of importance , and all petty causes , were decided ; for it was thought beneath the dignity of the ... action , when it appears , from the plaintiff's own shewing , that his demand is less than 40s . , and the cause is ...
Page 6
... cause for which a man might be arrested , he was taken and committed to the Marshalsea ; and , being once there , the plaintiff might declare against him for any cause of action . Afterwards , they carried the principle further , and ...
... cause for which a man might be arrested , he was taken and committed to the Marshalsea ; and , being once there , the plaintiff might declare against him for any cause of action . Afterwards , they carried the principle further , and ...
Page 7
... cause of action a matter affecting the revenue , so as to invest the Exchequer with a jurisdiction over it . Thus did the Courts of Queen's Bench and Exchequer obtain a jurisdiction co - extensive with that of the Common Pleas in actions ...
... cause of action a matter affecting the revenue , so as to invest the Exchequer with a jurisdiction over it . Thus did the Courts of Queen's Bench and Exchequer obtain a jurisdiction co - extensive with that of the Common Pleas in actions ...
Page 15
... cause ; and , finally , that it awards execution in favour of the successful party . This is all done by virtue of its formal de cursu jurisdiction . But the courts have another sort of jurisdiction , a jurisdiction , exercised in any ...
... cause ; and , finally , that it awards execution in favour of the successful party . This is all done by virtue of its formal de cursu jurisdiction . But the courts have another sort of jurisdiction , a jurisdiction , exercised in any ...
Page 17
... actions for the same cause , the court will force him to elect between them . In these cases , and such as these , the courts interfere , in order to prevent their rules and their authority , created , as both are , for the advancement ...
... actions for the same cause , the court will force him to elect between them . In these cases , and such as these , the courts interfere , in order to prevent their rules and their authority , created , as both are , for the advancement ...
Other editions - View all
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...