The Practice of the New County Courts: With Forms, and an Appendix, Containing the Statute and the Rules, with a Full and Elaborate Index |
From inside the book
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Page 32
... shall not be allowed to set off any debt or demand claimed or recoverable by him from the plaintiff , —or to set up by way of defence , and to claim and have the benefit of , infancy , coverture , statute of limitations , or of his ...
... shall not be allowed to set off any debt or demand claimed or recoverable by him from the plaintiff , —or to set up by way of defence , and to claim and have the benefit of , infancy , coverture , statute of limitations , or of his ...
Page 41
... proved , without giving notice to produce the original ( u ) . Form of ... [ plaintiff . ] Yours , & c . C. D. [ defendant . ] When and how served . ] This notice must ... prove the ( t ) Long v . Orchard , 2 B. & P. 39 . ( u ) Bucher v . Jarratt ...
... proved , without giving notice to produce the original ( u ) . Form of ... [ plaintiff . ] Yours , & c . C. D. [ defendant . ] When and how served . ] This notice must ... prove the ( t ) Long v . Orchard , 2 B. & P. 39 . ( u ) Bucher v . Jarratt ...
Page 48
... proof of the issue ( k ) . Secondly , no leading question , or , in other words ... must be carefully avoided . There are in- stances , however , in which this ... plaintiff , Best , C. J. held , that as the witness stood in a situation ...
... proof of the issue ( k ) . Secondly , no leading question , or , in other words ... must be carefully avoided . There are in- stances , however , in which this ... plaintiff , Best , C. J. held , that as the witness stood in a situation ...
Page 51
... plaintiff called the sheriff's officer to prove the warrant , and he upon cross - examination , proved that there ... must be struck out altogether , and the plaintiff therefore sub- mitted to be nonsuit : the court afterwards , upon ...
... plaintiff called the sheriff's officer to prove the warrant , and he upon cross - examination , proved that there ... must be struck out altogether , and the plaintiff therefore sub- mitted to be nonsuit : the court afterwards , upon ...
Page 55
... evidence as an ad- mission of the party , and the whole of the admission must be taken together ( b ) . Witnesses in reply . ] If the defendant set up any defence , and give evidence in proof of it , the plaintiff may then call wit ...
... evidence as an ad- mission of the party , and the whole of the admission must be taken together ( b ) . Witnesses in reply . ] If the defendant set up any defence , and give evidence in proof of it , the plaintiff may then call wit ...
Common terms and phrases
above-named action brought aforesaid allowed amount appointed Arch assumpsit attendance attorney calendar months cause of action chapelry chattels claim clear days clerk commissioners committed contract copy costs county court court holden cross-examination debt or damages deemed default defendant deliver discharged distress district enacted entitled examined exceeding executors or administrators fees give evidence given hearing high bailiff indorsed instalments issue judge judgment jurisdiction jury levied liable lord chancellor majesty majesty's treasury manner ment monies notice thereof otherwise paid into court parishes party payable payment person place of abode plaint plaintiff plaintiff must prove possession proceedings promissory notes recovered rent replevin Rule salaries satisfaction schedule seal served set-off Stat statute of limitations sub-district sued sufficient suit sum of money sworn thereupon think fit tion townships treasurer trespass trial unless Vict voire dire warrant of execution witness writ
Popular passages
Page 59 - ... upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto by him lawfully authorised.
Page 91 - ... the wearing apparel and bedding of such person or his family, and the tools and implements of his trade, to the value of £5, which shall to that extent be protected from such seizure...
Page 15 - ... calendar months after the fact committed, and not otherwise ; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action...
Page 5 - if any action shall be commenced after the passing of this Act in any of Her Majesty's superior courts of record, for any cause other than those lastly hereinbefore specified, for which a plaint might have been entered in any court holden under this Act, and a verdict shall be found for the plaintiff for a sum less than 20Z.
Page 181 - No imprisonment under this section shall operate as a satisfaction or extinguishment of any debt or demand or cause of action, or deprive any person of any right to take out execution against the lands, goods, or chattels of the person imprisoned, in the same manner as if such imprisonment had not taken place.
Page 136 - ... be detained and kept in safe custody until return can be conveniently made to such warrant of distress, unless...
Page 194 - Interest therein; and every Word importing the Singular Number only shall extend and be applied to several Persons or Things as well as One Person or Thing; and every Word importing the Masculine Gender only shall extend and be applied to a Female as well as a Male.
Page 188 - ... proof of the holding and of the end or other determination of the tenancy, with the time or manner thereof, and where the title of the landlord has accrued since the letting of the premises, the right by which he claims the possession, and upon proof of service of the notice and of the neglect or refusal of the tenant or occupier, as the case may be, it shall be lawful...
Page 59 - By the seventeenth section, it is enacted that " no contract for the sale of any goods, wares, and merchandises, for the price of £,10 sterling, or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...