The New Practice of the Common Law, Volume 2Law Times Office, 1857 |
From inside the book
Results 1-5 of 99
Page 526
... given , on the application of either party . ( 2 ) Upon an award of a trial de novo by any one of the superior courts , or by the courts of error , upon matter appearing upon the record , error may at once be brought . ( 3 ) Error does ...
... given , on the application of either party . ( 2 ) Upon an award of a trial de novo by any one of the superior courts , or by the courts of error , upon matter appearing upon the record , error may at once be brought . ( 3 ) Error does ...
Page 528
... given , and from thence to the House of Lords . ( 1 ) But it appears that error will not lie on a judgment in a ... given or to be given in any inferior court of record where the damages are under 207. , unless security be given by two ...
... given , and from thence to the House of Lords . ( 1 ) But it appears that error will not lie on a judgment in a ... given or to be given in any inferior court of record where the damages are under 207. , unless security be given by two ...
Page 531
... given by the C. L. P. Act , 1852 , schedule A. , No. 11 , and is as follows : - : - The day of entry on the roll . ] A. D. 18 [ The day of making the • The plaintiff [ or defendant ] says that there is error in the above record and ...
... given by the C. L. P. Act , 1852 , schedule A. , No. 11 , and is as follows : - : - The day of entry on the roll . ] A. D. 18 [ The day of making the • The plaintiff [ or defendant ] says that there is error in the above record and ...
Page 534
... given . ( ) But in either case the court now gives the judg- ment which ought to have been given below . Further , there was a class of cases founded upon the doctrine that a judgment being an entire thing could not be affirmed in part ...
... given . ( ) But in either case the court now gives the judg- ment which ought to have been given below . Further , there was a class of cases founded upon the doctrine that a judgment being an entire thing could not be affirmed in part ...
Page 535
... given in the court in which it was originally decided , the court of error being required to draw any inferences of ... given . ( 5 ) ( h ) Interest . ] - By the 3 & 4 Will . 4 , c . 42 , s . 30 , interest is given to the defendant in ...
... given in the court in which it was originally decided , the court of error being required to draw any inferences of ... given . ( 5 ) ( h ) Interest . ] - By the 3 & 4 Will . 4 , c . 42 , s . 30 , interest is given to the defendant in ...
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Other editions - View all
Common terms and phrases
9 Dowl affidavit aforesaid allowed amend appear application arrest assignment attorney bail-bond bailiwick bankrupt bankruptcy bill Bing bond brought C. L. P. Act cause of action chattels Chitt claimant cognovit Common Law Common Law Procedure Common Pleas copy costs Court of Queen's creditor custody damages debt debtor declaration default defendant defendant's delivered demurrer discharge ejectment entered entitled equity Exchequer of Pleas facias Form given Ibid indorsed insolvent issue judgment debtor justices Law Procedure Act levied Lord matter ment nolle prosequi notice obtained officer paid party payment person plaintiff in error pleaded prison proceed Queen's Bench Railway Company recovered rent replevin Rule Pr scire facias security for costs shareholder sheriff sign judgment statute stay sued suit superior courts Taunt tenant thereof thereupon trial unless verdict warrant of attorney Westminster writ of capias writ of execution writ of summons
Popular passages
Page 596 - Chancery, and according to the form of 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...
Page 1008 - ... no warrant of attorney to confess judgment in any personal action, or cognovit actionem, given by any person, shall be of any force unless there shall be present some attorney of one of the superior courts on behalf of such person, expressly named by him and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed ; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to...
Page 592 - 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...
Page 1057 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants...
Page 603 - 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.
Page 596 - CD, or any person in trust for him, was seised or possessed of on the said day of (a), or at any time afterwards, or over which the said CD on that day, or at any time afterwards, had any disposing power, which he might, without the assent of any other person, exercise for his own benefit...
Page 20 - It shall be lawful for the defendant or plaintiff in replevin in any cause in any of the superior Courts in which, if judgment were obtained, he would be entitled to relief against such judgment on equitable grounds, to plead the facts which entitle him to such relief by way of defence, and the said Courts are hereby empowered to receive such defence by way of plea, provided that such plea shall begin with the words " for defence on equitable grounds,
Page 529 - ... accrued, within the age of twenty-one years, feme covert, non compos mentis, or beyond the seas, then such person...
Page 973 - ... direct, conditioned not to commit any waste, or act in the nature of waste, or other wilful damage, and not to sell or carry off any standing crops, hay, straw, or manure produced or made (if any) upon the premises, and which may happen to be thereupon, from the day on which the verdict shall have been given, to the day on which execution shall finally be made upon the judgment, or the same be set aside (as the case may be...