An Elementary View of the Proceedings in an Action at Law |
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Page 28
... facts which the court thinks ought to be further inquired into , it possesses the power , which it sometimes exercises , of directing an issue to try the question , or of referring it to the master to inquire into and report upon . When ...
... facts which the court thinks ought to be further inquired into , it possesses the power , which it sometimes exercises , of directing an issue to try the question , or of referring it to the master to inquire into and report upon . When ...
Page 29
... facts , move for an attachment . There are a few cases spe- cified in the books of practice in which the contempt is so clear , that on its being brought before the court the attachment issues in the first instance . Generally speaking ...
... facts , move for an attachment . There are a few cases spe- cified in the books of practice in which the contempt is so clear , that on its being brought before the court the attachment issues in the first instance . Generally speaking ...
Page 32
... v . Farhall , 4 B. & C. 865 . ( 2 ) Re Bridge , 2 Ad . & Ell . 48 . ( 3 ) See Hargrave v . Holden , 3 Dowl . 176 . ( 4 ) See Joseph v . Perry , 3 Dowl . 699 . is to be feared that facts are sometimes asserted there 32 SUMMONS AND ORDER .
... v . Farhall , 4 B. & C. 865 . ( 2 ) Re Bridge , 2 Ad . & Ell . 48 . ( 3 ) See Hargrave v . Holden , 3 Dowl . 176 . ( 4 ) See Joseph v . Perry , 3 Dowl . 699 . is to be feared that facts are sometimes asserted there 32 SUMMONS AND ORDER .
Page 33
John William Smith. is to be feared that facts are sometimes asserted there to which the parties asserting them would not venture to swear in answer to a motion , knowing that their affidavits would ... facts are sometimes asserted there ...
John William Smith. is to be feared that facts are sometimes asserted there to which the parties asserting them would not venture to swear in answer to a motion , knowing that their affidavits would ... facts are sometimes asserted there ...
Page 36
... fact , in almost all the cases which are of most frequent practical occurrence , a The proceedings in actions of replevin and scire facias , especially the former , differ in so many par- ticulars from those in other actions , that the ...
... fact , in almost all the cases which are of most frequent practical occurrence , a The proceedings in actions of replevin and scire facias , especially the former , differ in so many par- ticulars from those in other actions , that 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...