Practice Under the Judicature Acts: Being Reports of Points of Practice Arising Under the Judicature Acts, 1873 and 1875, Decided in Judges Chambers

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Adam Henry Bittleston
Law Times Office, 1876 - Civil procedure - 156 pages

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Page 7 - ... any prolonged examination of documents or accounts, or any scientific or local investigation which cannot, in the opinion of the Court or a Judge...
Page 111 - ... in the same position as he would have been in if the agent had acted with authority and within the scope of his authority.
Page 108 - ... plaintiff was to have assigned his lease to the defendant, and had written naming a day upon which he could give up possession ; but before the day named his wife became ill, and he wrote to the defendant saying he should be unable to give possession on that day. The defendant then took another house; and shortly after having done so received a letter from the plaintiff, offering to give possession in three weeks. The plaintiff, in his statement of claim, had set out certain of the letters between...
Page 35 - J.—I will make an order to refer to a special referee to be agreed upon by the parties, and in the event of their failing to agree, to a master...
Page 26 - Crown should bo able to set it up ; and what is just ought to be done. If it is fit and proper that this counter-claim should be set up in any proceedings, why should it not be set up in the pending proceedings ? I do not know what I should do if issue had been joined; that case has not yet come before me. I direct that the petition be continued according to the ordinary course of the High Court of Justice.
Page 97 - Where any writ, order, and notice, or any two of them, have to be served together, one fee only for service is to be allowed. In addition to the above fees, the following allowances are to be made : — As to writs, if exceeding two folios, for copy for service, per folio beyond such two 004 004 As to summons to attend at the judges...
Page 61 - In an action on a bill of exchange by the indorsee against the acceptor, the defendant pleaded that...

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