A Treatise on the Writ of Scire Facias, with an Appendix of References to Forms |
From inside the book
Results 6-10 of 89
Page 18
Thomas Campbell Foster. 18 Must be brought where the venue is laid . Must be brought where the Venue is laid . [ BK . I suit ( 6 ) . In the present chapter it is intended to confine attention to those cases only in which it is necessary ...
Thomas Campbell Foster. 18 Must be brought where the venue is laid . Must be brought where the Venue is laid . [ BK . I suit ( 6 ) . In the present chapter it is intended to confine attention to those cases only in which it is necessary ...
Page 25
... brought his action for false imprisonment , and the plaintiff justified under the ca. sa . The defendant then applied to set aside the ca. sa . , and it appearing that a capias ad respondendum only had been obtained in an action of debt ...
... brought his action for false imprisonment , and the plaintiff justified under the ca. sa . The defendant then applied to set aside the ca. sa . , and it appearing that a capias ad respondendum only had been obtained in an action of debt ...
Page 26
... brought on the judgment during the pendency of the scire facias a condition precedent ( q ) . ( 1 ) Anon . 1 Ld . Kenyon , 120 . ( m ) Walker v . Thelluson , 1 Dowl . N. S. 277 . ( n ) Kemp v . Balne , 1 D. & L. 885 . ( 0 ) Sloman v ...
... brought on the judgment during the pendency of the scire facias a condition precedent ( q ) . ( 1 ) Anon . 1 Ld . Kenyon , 120 . ( m ) Walker v . Thelluson , 1 Dowl . N. S. 277 . ( n ) Kemp v . Balne , 1 D. & L. 885 . ( 0 ) Sloman v ...
Page 29
... brought before it by writ of error ( ) . And it also applies to judgments given in the Court of Queen's Bench on error from a Court below ; Tindal , C. J. , holding in a late case " that the words of the 8th section of 11 Geo . IV . & 1 ...
... brought before it by writ of error ( ) . And it also applies to judgments given in the Court of Queen's Bench on error from a Court below ; Tindal , C. J. , holding in a late case " that the words of the 8th section of 11 Geo . IV . & 1 ...
Page 30
... brought in such case but within twenty years after the last payment or acknowledgment ; and the same period of limitation is given to a recognizance by the 3 & 4 Will . IV . c . 42 , s . 3 , which cannot be revived by scire facias after ...
... brought in such case but within twenty years after the last payment or acknowledgment ; and the same period of limitation is given to a recognizance by the 3 & 4 Will . IV . c . 42 , s . 3 , which cannot be revived by scire facias after ...
Other editions - View all
Common terms and phrases
13 Vict 8th ed assignees attorney bail banking bankrupt bankruptcy bill of exceptions bond breaches Chitty's Arch clerk co-partnership common law concurrent writs conusee conusor costs Court of Chancery Court of Exchequer Court of Queen's creditor Crown debtor discharge Dowl elegit enacted enrolled entered estreated Exch Exec executor or administrator forfeited grant Hind Inst issue a scire joint-stock judg jury justices King lands letters patent levied liable Lord Lord Chancellor ment necessary nisi prius outlawry party payment person Petty plaintiff or defendant plea plead proceedings public officer Queen's Bench Raym recognizance record recovered revive roll rule Salk Saund scire facias seal sect shareholders sheriff stat statute merchant statute staple Stra sued suit testator thereof Tidd Tidd's Prac tion verdict writ of error writ of execution writ of scire zance
Popular passages
Page 50 - ... against whom execution is so sued, or any person in trust for him, shall have been seised or possessed of at the time of entering up the said judgment, or at any time afterwards, or over which such person shall, at the time of entering up such judgment, or at any time afterwards, have any disposing power which he might, without the assent of any other person, exercise for his own benefit...
Page 89 - 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 14 - ... a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same...
Page 238 - Making of any manner of new Manufactures within this Realm, to the true and first Inventor and Inventors of such Manufactures, which others at the Time of Making such Letters...
Page 380 - 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 and tenements, rectories, tithes, rents, and hereditaments...
Page 126 - That Execution upon any Judgment in any Action obtained against any Public Officer for the Time being of any such Corporation or Copartnership carrying on the Business of Banking under the Provisions of this Act, whether as Plaintiff or Defendant, may be issued against any Member or Members for the Time being of such Corporation or Copartnership...
Page 257 - An Act to amend an Act of the fifth and sixth years of the reign of King William the Fourth, intituled ' 'An Act to amend the law touching letters patent for inventions.
Page 112 - ... being, to issue execution against any person or persons who was or were a member or members of such corporation or copartnership...
Page 306 - Act annexed, or as near thereto as the Circumstances of the Case will admit...
Page 49 - Heir, there, and in every such Case, such Trust shall be deemed and taken, and is hereby declared to be Assets by Descent, and the Heir shall be liable to and chargeable with the Obligation of his Ancestors for and by reason of such Assets, as fully and amply as he might or ought to have been, if the Estate in Law had descended to him in Possession in like Manner as the Trust descended ; any Law, Custom or Usage to the contrary in any wise notwithstanding.