The Principal Statutes and Rules of Court for Reform of the Administration of Justice at Common Law: From July 23, 1830, (the Date of Sir J. Scarlett's Act,) to Hilary Term, 1834, Both Inclusive, Page 957 |
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Page 36
... alleging the delivery of a writ or any contempt , and shall conclude by praying that a writ of prohibition may issue ; Defendant to which declaration the party defendant may writs of pro- hibition may be made on affidavit only . in case ...
... alleging the delivery of a writ or any contempt , and shall conclude by praying that a writ of prohibition may issue ; Defendant to which declaration the party defendant may writs of pro- hibition may be made on affidavit only . in case ...
Page 48
... allegations as well of such third party as of the plaintiff , and in the mean- time to stay the proceedings in such action , and finally to order such third party to make himself defendant in the same or some other action , or to ...
... allegations as well of such third party as of the plaintiff , and in the mean- time to stay the proceedings in such action , and finally to order such third party to make himself defendant in the same or some other action , or to ...
Page 77
... alleged ; the name or right of the owner of the fee , as is and excep- now usually done ; and if the other party shall tions or intend to rely on any proviso , exception , inca- ters to be pacity , disability , contract , agreement , or ...
... alleged ; the name or right of the owner of the fee , as is and excep- now usually done ; and if the other party shall tions or intend to rely on any proviso , exception , inca- ters to be pacity , disability , contract , agreement , or ...
Page 106
... alleged in arrest of judgment the judgment be given against the plaintiff , that he take nothing by his plaint , writ , or bill , or if in any of the said actions the defendant shall be outlawed , and shall after reverse the outlawry ...
... alleged in arrest of judgment the judgment be given against the plaintiff , that he take nothing by his plaint , writ , or bill , or if in any of the said actions the defendant shall be outlawed , and shall after reverse the outlawry ...
Page 135
... alleging that the bill was presented for acceptance and refused , to allege that the drawee [ naming him ] did not pay the said bill , although the same was presented to him on the day when it became due . Directions for Declarations on ...
... alleging that the bill was presented for acceptance and refused , to allege that the drawee [ naming him ] did not pay the said bill , although the same was presented to him on the day when it became due . Directions for Declarations on ...
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Common terms and phrases
accrued affidavit alleged allowed answer or defence assizes assumpsit attorney avowry bail bill of exchange cause Chester Clerk cognizance commencement Common Law Common Pleas confession and avoidance copy costs counts county palatine Court of Common Court of King's court or judge custody declaration deemed default defendant delivered demurrer denial distinct subject-matter entitled entry or distress Exchequer further enacted further ordered ground of answer J. A. PARK J. B. BOSANQUET joinder joinder of issue jury King's Bench land or rent Lord matter ment mentioned N. C. TINDAL nisi prius notice officer otherwise parliament payable payment person claiming plaintiff plaintiff in error plea in abatement proceedings Provided record recover respect rule or order scire facias sheriff sign judgment statute subject-matter of complaint subsequent pleading suit term thereof tion trial unless verdict W. E. TAUNTON Wales Westminster whereas writ of capias writ of error writ of summons
Popular passages
Page 117 - 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 80 - ... and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing ; and every word importing the masculine gender only shall extend and be applied to a female as well as a male.
Page 81 - ... shall have been in such possession or receipt, then such right shall be deemed to have first accrued at the timo On alienation. of such death ; and when the person claiming such land or rent, shall claim in respect of an estate or interest in possession...
Page 92 - ... redemption shall have been given to the mortgagor, or some person claiming his estate, or to the agent of such mortgagor or person, in writing signed by the mortgagee or the person claiming through him...
Page 83 - ... shall be deemed to have first accrued either at the determination of such tenancy, or at the expiration of one year next after the commencement of such tenancy, at which time such tenancy shall be deemed to have determined: Provided always, that no mortgagor or cestui que trust shall be deemed to be a tenant at will, within the meaning of this clause, to his mortgagee or trustee.
Page 41 - An Act for the establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe...
Page 75 - ... claim may be defeated in any other way by which the same is now liable to be defeated...
Page 194 - In actions of debt on simple contract, other than on bills of exchange and promissory notes, the defendant may plead that " he never was indebted in manner and form as in the declaration alleged...
Page 82 - ... then such right shall be deemed to have first accrued at the time at which such estate or interest became an estate or interest in possession...
Page 66 - 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...