An Elementary View of the Proceedings in an Action at Law |
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Page 8
... is given them by the 14th section of the Uniformity of Process Act , with respect to matters which that act concerns . Rules of Practice are now , therefore , : established for all the courts , and by the 8 THE JUDGES .
... is given them by the 14th section of the Uniformity of Process Act , with respect to matters which that act concerns . Rules of Practice are now , therefore , : established for all the courts , and by the 8 THE JUDGES .
Page 12
... respect which the judges used in early times to pay to certain holy seasons of the year ; thus , they always adjourned at Christmas , Easter , and Whitsuntide , deeming it improper to perform secular business during those festivals thus ...
... respect which the judges used in early times to pay to certain holy seasons of the year ; thus , they always adjourned at Christmas , Easter , and Whitsuntide , deeming it improper to perform secular business during those festivals thus ...
Page 23
... respect to the title , every affidavit ought to be entitled with the name of the court in which it is to be used . It is true , that by a rule of Hil . 1832 , s . 4 , an affidavit sworn before a judge may be used in the court of which ...
... respect to the title , every affidavit ought to be entitled with the name of the court in which it is to be used . It is true , that by a rule of Hil . 1832 , s . 4 , an affidavit sworn before a judge may be used in the court of which ...
Page 24
... respect to the contents of the affidavit , the main rule is , that they should be explicit and positive , so that , if false , perjury may be assigned upon This observation , of course , only applies to cases where the deponent has the ...
... respect to the contents of the affidavit , the main rule is , that they should be explicit and positive , so that , if false , perjury may be assigned upon This observation , of course , only applies to cases where the deponent has the ...
Page 28
... costs of a rule , whether it be made absolute or discharged , are in the discretion of the court . J The last consideration respecting rules is as to the T mode in which they are enforced . This is 28 MOTIONS AND RULES .
... costs of a rule , whether it be made absolute or discharged , are in the discretion of the court . J The last consideration respecting rules is as to the T mode in which they are enforced . This is 28 MOTIONS AND RULES .
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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...