Practice of the Superior Courts of Law, in Personal Actions, and Ejectment, Etc., So Far as it is Altered, Or Affected by the Late Statutes for the Amendment of the Law, Etc. and the Rules of Court, and Decisions Thereon ; Arranged in the Order of the Ninth Edition of Tidd's Practice ; with an Appendix of Statutes, Rules of Court, and Practical Forms ; and a Copious Analytical Index |
From inside the book
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Page v
... tion of Justice Act ; with introductory Statements of the Practice , as it existed before , and was affected by those Rules ; and the third Supplement , which was published in November following , was confined to the Act for Uniformity ...
... tion of Justice Act ; with introductory Statements of the Practice , as it existed before , and was affected by those Rules ; and the third Supplement , which was published in November following , was confined to the Act for Uniformity ...
Page xv
... tion for indorsement thereon · 11. Return of non est inventus , to writ of summons 12. Præcipe for alias , or pluries , writ of summons 13. Alias , and pluries , writ of summons 14. The like , into another county 15. Memorandum of date ...
... tion for indorsement thereon · 11. Return of non est inventus , to writ of summons 12. Præcipe for alias , or pluries , writ of summons 13. Alias , and pluries , writ of summons 14. The like , into another county 15. Memorandum of date ...
Page 16
... . 1. 2. c . 3. Co. Lit. 114. b . e 3 Chit . Blac . Com . 188. and see 2 Inst . 94 , 5 . f 2 Inst . 95. Bac . Abr . tit . Limita- tion of Actions , B. " or maintain any writ of right , or make 16 LIMITATION OF ACTIONS , & c .
... . 1. 2. c . 3. Co. Lit. 114. b . e 3 Chit . Blac . Com . 188. and see 2 Inst . 94 , 5 . f 2 Inst . 95. Bac . Abr . tit . Limita- tion of Actions , B. " or maintain any writ of right , or make 16 LIMITATION OF ACTIONS , & c .
Page 18
... tion . Savings for infants , & c . Copyholds with- in the statute . To what cases it did not extend . 66 And " if any person or persons , at any time thereafter , sued any " of the said actions or writs , for any manors , lands ...
... tion . Savings for infants , & c . Copyholds with- in the statute . To what cases it did not extend . 66 And " if any person or persons , at any time thereafter , sued any " of the said actions or writs , for any manors , lands ...
Page 38
... tion from or discharge of tithes , by composition real or other- " wise , shall , in cases where the render of tithes in kind shall be " hereafter demanded by our lord the king , his heirs or suc- cessors , or by any Duke of Cornwall ...
... tion from or discharge of tithes , by composition real or other- " wise , shall , in cases where the render of tithes in kind shall be " hereafter demanded by our lord the king , his heirs or suc- cessors , or by any Duke of Cornwall ...
Contents
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xvii | |
xviii | |
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xxxix | |
Common terms and phrases
9 Bing 9 Ed abatement accrued affidavit aforesaid amendment appearance Append arrest attorney bailable bill Blac Booth cause Chap Chit clerk commenced Common Pleas copy costs county palatine court of King's Cromp custody damages debt declaration deemed defendant deponent detainer Dowl ejectment entered entry or distress Exchequer of Pleas execution expiration facias fendant fieri facias Fleet prison further enacted judge's order judgment jury King's Bench land or rent latitat lord ment Moore notice officer original writ outlawry party person claiming personal actions plaintiff plea in abatement plead possession prison proceedings quare recover Rosc rule of court rule or order Sched scire facias seisin served sheriff special bail stat statute of limitations sued tenant term thereof thereto Tidd Prac tion trial vacation witnesses writ of capias writ of distringas writ of inquiry writ of right writ of summons
Popular passages
Page 20 - ... but within twenty years next after the time at which the right to make such entry or distress, or to bring such action, shall have first accrued to some person through whom he claims...
Page 33 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent...
Page 239 - ... were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the time of payment ; provided that interest shall be payable in all cases in which it is now payable by law.
Page 21 - Parliament assembled, and by the authority of the same, that the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows ; (that is to say), the word
Page 77 - ... writ shall be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited...
Page 339 - ... were respectively written, signed, or executed as they purport respectively to have been ; that such as are specified as copies are true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively ; saving all just exceptions to the admissihility of all such documents as evidence in this cause.
Page 22 - ... interest in possession, granted, appointed, or otherwise assured by any instrument (other than a will) to him, or some person through whom he claims, by a person being, in respect of the same estate or interest, in the possession or receipt of the profits of the land, or in the receipt of the rent...
Page 39 - ... land or rent shall be claimed, and six years after a third person shall have been appointed thereto, if the times of such two incumbencies and...
Page 31 - In every case of a concealed fraud the right of any person to bring a suit in equity for the recovery of any land or rent of which he or any person through whom he claims, may have been deprived by such fraud, shall be deemed to have first accrued at, and not before, the time at which such fraud shall, or with reasonable diligence might have been first known or discovered...
Page 36 - No claim which may be lawfully made at general. . . the common law, by custom, prescription, or grant, to any way or other easement, or to any watercourse, or the use of any water...