The Common Law Procedure Acts, 1853, 1856, 1870: With an Appendix, Containing the General Orders of the Superior Courts of Common Law, and a Collection of Statutes [etc.] |
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Page 9
... proper reference ( t ) , and shall cause the same to be served on the defendant , together with the summons and plaint , and such endorsement or paper annexed shall be considered as particulars of demand , and no further or other ...
... proper reference ( t ) , and shall cause the same to be served on the defendant , together with the summons and plaint , and such endorsement or paper annexed shall be considered as particulars of demand , and no further or other ...
Page 13
... proper time , ground for setting the writ irregularity . aside , unless the Court gives leave to amend , which it generally will do . Thus , where the copy served was not entitled as of any Court , although the Omission of name of Court ...
... proper time , ground for setting the writ irregularity . aside , unless the Court gives leave to amend , which it generally will do . Thus , where the copy served was not entitled as of any Court , although the Omission of name of Court ...
Page 14
... proper course would have been to obtain leave to amend the copy under this section . Where a plaint omitted in its date the day of the week , leave to amend was given ( Worlington v . Meade , 6 Ir . Jur . O. S. 246 ) . As to the ...
... proper course would have been to obtain leave to amend the copy under this section . Where a plaint omitted in its date the day of the week , leave to amend was given ( Worlington v . Meade , 6 Ir . Jur . O. S. 246 ) . As to the ...
Page 24
... proper office of the Court within one calendar month next after the expiration of such writ , or within twenty days after the commencement of this Act ; and the original writ of summons or capias in such action may thereupon , but ...
... proper office of the Court within one calendar month next after the expiration of such writ , or within twenty days after the commencement of this Act ; and the original writ of summons or capias in such action may thereupon , but ...
Page 27
... proper time , the next question is , what evidence the Court will require before it will set the judg- ment aside . The affidavits must be clear and free from all ambiguity ( De Montmorency v . Pope , 2 Ir . Jur . O. S. 213 ) ; and in ...
... proper time , the next question is , what evidence the Court will require before it will set the judg- ment aside . The affidavits must be clear and free from all ambiguity ( De Montmorency v . Pope , 2 Ir . Jur . O. S. 213 ) ; and in ...
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Common terms and phrases
16 Vict affidavit aforesaid alleged allowed amend amount appear application appointed arbitrator attorney award bail bill breach brought C. L. R. Ap cause of action certificate claim Common Law Common Law Procedure consent copy Court of Equity Court of Error Court or Judge Courts of Common damages death debt debtor default defendant defendant's demurrer document Dowl Dublin entered entitled equity evidence execution executor fendant filed garnishee given ground held interrogatories Ireland issue jurisdiction jury L. J. Ex leave matter ment misjoinder motion necessary Nisi Prius nonsuit notice of trial obtained officer opposite party payment person plaintiff plaintiff in error plea pleading present section Railway recovered reference rent replevin rule of Court rule or order scire facias sect security for costs served sheriff Statute summons and plaint superior Courts thereof tion ubi supra unless verdict witness writ of revivor writ of summons
Popular passages
Page lxxi - Court, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...
Page xciii - upon all debts or sums certain payable at a certain time or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest, from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Page 9 - The first act enacts, in § 3, " that all actions of trespass quare clausum fregit, all actions of trespass, detinue, action sur trover, and replevin for taking away of goods and cattle, all actions of account, and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants...
Page 96 - ... interest from the time when such debts or sums certain 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 term of payment; provided that interest shall be payable in all cases in which it is now payable by law.
Page lxxxix - Act annexed, or as near thereto as the Circumstances of the Case will admit...
Page 95 - That upon all debts or sums certain payable at a certain time, or otherwise, the jury, on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor, at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument, at a certain time...
Page 285 - ... the vacancy should not be supplied, and the parties or arbitrators do not supply the vacancy : '•any party may serve the other parties or the arbitrators, as the case may be, with a written notice to appoint an arbitrator, umpire, or third arbitrator.
Page 330 - ... to the judgment debtor, and is within the jurisdiction, order that all debts owing or accruing from such third person (hereinafter called the garnishee) to the judgment debtor shall be attached to answer the judgment debt...
Page xci - Chancellor in matters of lunacy, whereby any sum of money, or any costs, charges, or expenses, shall be payable to any person, shall have the effect of judgments in the superior courts of common law...
Page cxxii - ... in the place of the creditor, and to use all the remedies, and, if need be, and upon a proper indemnity, to use the name of the creditor in any action or other proceeding at law or in equity, in order to obtain from the principal debtor, or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person who shall have so paid such debt or performed such duty, and such payment or performance so made by such surety shall not...