An Elementary View of the Proceedings in an Action at Law |
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Page 4
... suits by attorney ; and thus it was that the employment of an attorney of the courts at Westminster originated . After the establishment of the Common Pleas at Westminster , the Curia Regis still continued to attend the king's person ...
... suits by attorney ; and thus it was that the employment of an attorney of the courts at Westminster originated . After the establishment of the Common Pleas at Westminster , the Curia Regis still continued to attend the king's person ...
Page 15
... suit ; thus , it is by virtue of its formal jurisdiction that the court issues a writ to compel the defendant to appear ; that it allows the plaintiff to sign judgment against him if he make default in pleading ; that it issues process ...
... suit ; thus , it is by virtue of its formal jurisdiction that the court issues a writ to compel the defendant to appear ; that it allows the plaintiff to sign judgment against him if he make default in pleading ; that it issues process ...
Page 22
... signature . But of these motions and rules of course I do not here speak , for I consider them part of the formal proceedings in a suit , since no discretion is exercised either in granting or refusing them . 22 INTERPLEADER .
... signature . But of these motions and rules of course I do not here speak , for I consider them part of the formal proceedings in a suit , since no discretion is exercised either in granting or refusing them . 22 INTERPLEADER .
Page 33
... suit it becomes necessary so to do , we proceed to the ordinary and regular steps in an action ; while considering which it must be borne in mind , that if , in taking them , any irregularity is committed , or if any extraordinary ...
... suit it becomes necessary so to do , we proceed to the ordinary and regular steps in an action ; while considering which it must be borne in mind , that if , in taking them , any irregularity is committed , or if any extraordinary ...
Page 42
... suit can be commenced against him , among the cases thus provided for are those of actions against commissioners of bankrupt , officers of the customs , excise , army , navy , or marines , for matters done in their respective offices ...
... suit can be commenced against him , among the cases thus provided for are those of actions against commissioners of bankrupt , officers of the customs , excise , army , navy , or marines , for matters done in their respective offices ...
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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...