An Elementary View of the Proceedings in an Action at Law |
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Page 58
... demurred , so called from the French demeurer , to abide , because he abided by the determination of the point of law , conceiving that the insufficiency of his opponent's pleading furnished him with a sufficient answer to his case ...
... demurred , so called from the French demeurer , to abide , because he abided by the determination of the point of law , conceiving that the insufficiency of his opponent's pleading furnished him with a sufficient answer to his case ...
Page 59
... demurrer , and , thus , considerable time was saved . As to the roll , that was , at first , transcribed from the written pleadings by the officers , as anciently from the vivá voce ones . Afterwards , the officers , finding themselves ...
... demurrer , and , thus , considerable time was saved . As to the roll , that was , at first , transcribed from the written pleadings by the officers , as anciently from the vivá voce ones . Afterwards , the officers , finding themselves ...
Page 68
... demurrer . " We have seen that , even since the new pleading rules , the plaintiff has a right to as many counts as he has distinct causes of complaint reducible to the same form of action ; the defendant to as many pleas as he has ...
... demurrer . " We have seen that , even since the new pleading rules , the plaintiff has a right to as many counts as he has distinct causes of complaint reducible to the same form of action ; the defendant to as many pleas as he has ...
Page 69
... demurrer is either general or special . A general demurrer lies when the objection is a substantial one , as in the case just put by way of example . A special demurrer must be used where the objection is merely technical and formal ...
... demurrer is either general or special . A general demurrer lies when the objection is a substantial one , as in the case just put by way of example . A special demurrer must be used where the objection is merely technical and formal ...
Page 70
... demurrer as neither traversing the declaration nor confessing and avoiding it , but the statute 27 Eliz . c . 5 , requires that the objection , when a technical and formal one , should be pointed out specially at the conclusion of the ...
... demurrer as neither traversing the declaration nor confessing and avoiding it , but the statute 27 Eliz . c . 5 , requires that the objection , when a technical and formal one , should be pointed out specially at the conclusion of the ...
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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...