An Elementary View of the Proceedings in an Action at Law |
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Page 1
... steps by which this " demand of one's right " is , according to the law of England , to be pursued . And it seems necessary , before entering on a description of those steps them- selves , to describe the Tribunals before which they are ...
... steps by which this " demand of one's right " is , according to the law of England , to be pursued . And it seems necessary , before entering on a description of those steps them- selves , to describe the Tribunals before which they are ...
Page 13
... steps in an action , except those which require the immediate intervention of the court , may be taken during vacation ; still it is important to recollect the ancient system , for , wherever no statute has expressly intervened , it ...
... steps in an action , except those which require the immediate intervention of the court , may be taken during vacation ; still it is important to recollect the ancient system , for , wherever no statute has expressly intervened , it ...
Page 14
... steps taken in the action itself . Before doing so , however , it is right to state in what manner these formal steps are liable to be affected or controlled by the summary , or , as it is sometimes called , equitable jurisdiction , of ...
... steps taken in the action itself . Before doing so , however , it is right to state in what manner these formal steps are liable to be affected or controlled by the summary , or , as it is sometimes called , equitable jurisdiction , of ...
Page 15
... steps in a suit ; thus , it is by virtue of its formal jurisdiction that the court issues a writ to compel the ... step as the plea itself . It is not , therefore , intended to state , that all rules , or all orders , emanate from ...
... steps in a suit ; thus , it is by virtue of its formal jurisdiction that the court issues a writ to compel the ... step as the plea itself . It is not , therefore , intended to state , that all rules , or all orders , emanate from ...
Page 16
... shall be allowed , unless made within a reasonable time ; nor if the party applying has taken a fresh step , after knowledge of the irregularity . " - Secondly . The court exercises its summary juris- diction 16 16 EQUITABLE JURISDICTION .
... shall be allowed , unless made within a reasonable time ; nor if the party applying has taken a fresh step , after knowledge of the irregularity . " - Secondly . The court exercises its summary juris- diction 16 16 EQUITABLE JURISDICTION .
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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...