The Common Law Procedure Act, 15 & 16 Vict. Cap. 76 ... with an Introductory Analysis of the Changes Effected by the Statute, Explanatory Notes ...Sweet, 1852 - 336 páginas |
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The Common Law Procedure ACT, 15 & 16 Vict. Cap. 76 ... with an Introductory ... Henry Thurstan Holland,Edward Wise Sin vista previa disponible - 2016 |
Términos y frases comunes
act annexed affidavit aforesaid alleged amendment appear apply assignment assizes assumpsit attorney cause of action ceedings claim claimant commencement common law concurrent writ copy costs court or judge courts of common death debt declaration defendant or defendants delivered demurrer Dowl effect ejectment entered entitled Exch execution fact fendant form contained given heretofore joinder joinder of issue judge's order jurisdiction jurors landlord lessor liberty manner matter ment misjoinder necessary nisi prius nonjoinder notice of trial obtained officer opposite party payment person or persons plaintiff in error plea in abatement possession proceed proceedings in error Queen's Bench record recovered renewed replevin respect scire facias sect served sheriff sign judgment special indorsement special jury statute subsequent pleading sufficient suggestion suit superior courts supra tenant term thereof thereupon tion traverse unless verdict Vict writ issued writ of execution writ of revivor writ of summons
Pasajes populares
Página 87 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given, the verdict, such defect, imperfection, or omission, is cured by the verdict.
Página 227 - I ; and a writ of summons so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited, and for all other purposes, from the date of the issuing of the original writ of summons.
Página 235 - Act annexed, or as near thereto as the Circumstances of the Case will admit...
Página 197 - Courts on behalf of such person expressly named by him. and attending at his request, to inform him of the nature and efrectof 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 be attorney for the person executing the same, and state that he subscribes as such attorney.
Página 38 - In all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the Court, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Página 69 - The plaintiff, after the delivery of a plea of payment of money into court, shall be at liberty to reply to the same, by accepting the sum so paid into court in full satisfaction and discharge of the cause of action in respect of which it has been paid in, and he shall be at liberty in that case to tax his costs of suit...
Página 101 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Página xxxv - ... whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the...
Página 167 - An Act for Prevention of Frauds and Perjuries, and of an Act passed in the Parliament of Ireland in the seventh year of the reign of King William the Third, intituled An Act for Prevention of Frauds and Perjuries...
Página 87 - Where a matter is so essentially necessary to be proved, that had it not been given in evidence, the jury could not have given such a verdict, there the want of stating that matter in express terms in a declaration, provided it contains terms sufficiently general to comprehend it in fair and reasonable intendment, will be cured by a verdict...