Practice Under the Judicature Acts: Being Reports of Points of Practice Arising Under the Judicature Acts, 1873 and 1875, Decided in Judges ChambersAdam Henry Bittleston |
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Page 6
... counter claim . THIS was an action brought to recover rent under a deed of underlease . The declaration was delivered before the 1st Nov. Subsequently a summons was taken out by the defendants calling upon the plaintiff to show cause ...
... counter claim . THIS was an action brought to recover rent under a deed of underlease . The declaration was delivered before the 1st Nov. Subsequently a summons was taken out by the defendants calling upon the plaintiff to show cause ...
Page 6
... Counter claim after issue joined ― Judicature Act 1875— Order XIX . , rule 3 . THIS was an application to add a counter claim to pleadings after issue joined . The action was one for goods sold and delivered , and the defence was one of ...
... Counter claim after issue joined ― Judicature Act 1875— Order XIX . , rule 3 . THIS was an application to add a counter claim to pleadings after issue joined . The action was one for goods sold and delivered , and the defence was one of ...
Page 8
... counter - claim to the pleadings after the cause was at issue , and which was adjourned on Saturday for defendant's affidavit , the affidavit was produced . LUSH , J. - This action is for goods sold and delivered , and it is clearly one ...
... counter - claim to the pleadings after the cause was at issue , and which was adjourned on Saturday for defendant's affidavit , the affidavit was produced . LUSH , J. - This action is for goods sold and delivered , and it is clearly one ...
Page 12
... counter - claim in the action to an arbitrator named in the lease . Bowen in support of the summons - I ask that the landlord's claim for rent , and the tenant's claim for breach of covenant , may both be referred . The nature of our ...
... counter - claim in the action to an arbitrator named in the lease . Bowen in support of the summons - I ask that the landlord's claim for rent , and the tenant's claim for breach of covenant , may both be referred . The nature of our ...
Page 13
... counter - claim is good pro tanto . LUSH , J. - The defendant is not the person sued as regards the counter - claim , and the Common Law Procedure Act only gives the benefit of setting up an arbitration clause to the person sued . The ...
... counter - claim is good pro tanto . LUSH , J. - The defendant is not the person sued as regards the counter - claim , and the Common Law Procedure Act only gives the benefit of setting up an arbitration clause to the person sued . The ...
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Common terms and phrases
action was brought adjourned affidavit agreement alleged amended answer Appeal dismissed appeal from Master Application to proceed Application to sign ARCHIBALD asked behalf Bills of Exchange breach cause Chancery Division contract counter claim Court of Chancery damages dant decision of Master defendant's Discovery-Judicature Act 1875 dismissed with costs district registrar documents entitled equity ex parte application Exchange Act give given granted ground High Court inspection interpleader Interrogatories-Judicature Act 1875 issue J.-I think J.-This Joinder judgment on specially Judicature Act 1875 Law Procedure Act letter liable libel LINDLEY LUSH ment notice objection order of Master Order XIV Order XVI Order XXXI paid into court paragraph particulars parties plaintiff plaintiff.-The plead present summons proceedings QUAIN question refer refused rule 12 sect set-off sign judgment sold Solicitors statement of claim statement of defence stay strike out interrogatories struck sub-s sub-sect substituted service tion trial trustee writ XXVII
Popular passages
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 3 - If any person shall file any bill in any court for the discovery of the name of any person concerned as printer, publisher, or proprietor of any newspaper, or of any matters relative to the printing or publishing of any newspaper, in order the more effectually to bring or carry on any suit or action for damages alleged to have been sustained by reason of any slanderous or libellous matter contained in any such newspaper respecting such person, it shall not be lawful for the defendant to plead or...
Page 3 - ... grant, either absolutely or on such reasonable terms and conditions as to them shall seem just, all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter; so that, as far as possible, all matters so in controversy between the said parties respectively may be completely and finally determined, and all multiplicity of legal proceedings concerning...
Page 3 - Act in every cause or matter pending before them respectively, shall have power to grant, and shall grant, either absolutely or on such reasonable terms and conditions as to them shall seem just, all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim...
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...