The Proceedings in an Action in the Queen's Bench, Common Pleas, and Exchequer Divisions of the High Court of Justice

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Stevens & Sons, 1877 - Civil procedure - 335 pages
 

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Page 136 - Comparison of a disputed Writing with any Writing proved to the Satisfaction of the Court to be genuine shall be permitted to be made by Witnesses ; and such Writings, and the Evidence of Witnesses respecting the same, may be submitted to the Court and Jury as Evidence of the Genuineness, or otherwise, of the Writing in dispute.
Page 278 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 28 - Act(j-), any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action...
Page 28 - A mandamus or an injunction may be granted or a receiver appointed by an interlocutory Order of the Court in all cases in which it shall appear to the court to be just or convenient that such order should be made...
Page 40 - ... in the same manner and to the same extent as the executors or administrators in suits concerning personal estate represent the persons beneficially interested in such personal estate; and in such cases it shall not be necessary to make the persons beneficially interested in such...
Page 163 - ... shall be employed to issue the writ, then it shall be indorsed with a memorandum expressing that the same has been sued out by the plaintiff...
Page 32 - Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any of the...
Page 29 - Court shall think fit, whether the person against whom such injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title ; and whether the estates claimed by both or either of the parties are legal or equitable.
Page 73 - Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side, unless the same has first been specifically denied...
Page 257 - Memorandum to be subscribed on the writ. NB— This writ is to be served within (twelve) calendar months from the date thereof, or, if renewed, from the date of such renewal, including the day of such date, and not afterwards. The defendant [or defendants] may appear hereto by entering an appearance [or appearances] either personally or by solicitor at the [ ] office at Indorsements to be made on the writ before issue thereof.

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