An Elementary View of the Proceedings in an Action at Law |
From inside the book
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Page 22
... summons and order . A motion is an application to the court , praying it to grant a rule on some matter over which it has summary jurisdiction . Some rules there are which may be had without any application to the court , and others ...
... summons and order . A motion is an application to the court , praying it to grant a rule on some matter over which it has summary jurisdiction . Some rules there are which may be had without any application to the court , and others ...
Page 30
... Summons and Order . As proceedings now go on during vacation , it is absolutely necessary that some tribunal should be then sitting to dispose of applications by the parties ; and , even in term time , when the courts are sitting ...
... Summons and Order . As proceedings now go on during vacation , it is absolutely necessary that some tribunal should be then sitting to dispose of applications by the parties ; and , even in term time , when the courts are sitting ...
Page 31
... summons could be served ) is by summons , which is issued by the judge's clerk , and a copy of it served upon the opposite party . This summons operates as a stay of proceedings from the time at which it is attendable until disposed of ...
... summons could be served ) is by summons , which is issued by the judge's clerk , and a copy of it served upon the opposite party . This summons operates as a stay of proceedings from the time at which it is attendable until disposed of ...
Page 32
... 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 .
... 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
... of justice , from being turned into pretexts for fraud and injustice . Before , however , describing the proceedings In the action c 3 SUMMONS AND ORDER . 3333 is to be feared that facts are sometimes asserted there ...
... of justice , from being turned into pretexts for fraud and injustice . Before , however , describing the proceedings In the action c 3 SUMMONS AND ORDER . 3333 is to be feared that facts are sometimes asserted there ...
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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...