 | Frederick Pollock - Law - 1875 - 968 pages
...counter-claim should be set np in any proceedings, why «hould it not be set up in the ptndiDg proceedings ? I direct that the petition be continued according to the ordinary course of the High Oiurt of Justice. If the petitioner IB successful in establishing bis claim, but your counter-claim... | |
 | Sir William Thomas Charley - Civil procedure - 1876 - 366 pages
...acted is that wherever, in pending business, there is a bond fide cross-claim, I direct the action to be continued according to the ordinary course of the High Court of Justice. Here I do not think there is any substance in your counterclaim or your set-off ; and, with regard... | |
 | John Mounteney Lely, William Decimus Inglett Foulkes - Court rules - 1877 - 700 pages
...sitting at chambers hereby directs : 1. That where no declaration has been delivered the action shall be continued according to the ordinary course of the High Court of Justice as if it had been commenced in that court. 2. That in all other cases the action shall be continued... | |
 | Charles Locock Webb - Procedure (Law) - 1877 - 898 pages
...it chambtrs hereby directs : — 1. That where no declaration has been delivered, the action shall be continued according to the ordinary course of the High Court of Justice, as if it had bee> commenced in that Court. S. That in all other cases the action shall be continued... | |
 | Sir William Thomas Charley - Civil procedure - 1877 - 1210 pages
...which such notice of motion or replication could have been served or filed, and shall from that period be continued according to the ordinary course of the High Court of Justice. That any party to a pending cause may apply by summons at chambers that for special reasons a direction... | |
 | Sir Thomas Wardlaw Taylor, John Skirving Ewart - Civil procedure - 1881 - 784 pages
...the procedure is to be as follows:— (1) Where no declaration has been delivered, the action anal] be continued according to the ordinary course of the High Court of Justice, as if it had been commenced in that Court. (2) In all other cases the action shall be continued up... | |
 | Great Britain. Supreme Court of Judicature - Civil procedure - 1882 - 1296 pages
...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...it should be in the discretion of the Court whether tho petitioner sh<ndd not have the costs of the trial up to the time of the introduction of the counter-claim.*... | |
 | Law reports, digests, etc - 1877 - 1302 pages
...which such notice of motion or replication could have been served or filed, and shall from that period be continued according to the ordinary course of the High Court of Justice. On the 1st of May, 1876, an order was made in this suit that the defendant should, within fourteen... | |
 | Ontario - Law - 1881 - 554 pages
...which such notice of motion or replication could have been served or filed, and shall from that period be continued according to the ordinary course 'of the High Court of Justice ; (6) Any party to a pending cause may apply in chambers that, for special reasons, a direction may... | |
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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... 