Hints on Practice: Practical Notes on the Judicature Acts, Orders, Rules and Regulations of the Supreme Court, Illustrated by the Latest Cases. Together with The Rules of the Supreme Court, 1883, with an Introduction, References, Notes and Index, Volume 1 |
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Hints on Practice; Or, Practical Notes on the Judicature Acts, Orders, Rules ... Augustine Robert Whiteway No preview available - 2015 |
Common terms and phrases
Admiralty affidavit alleged allowed amend application appointed C. L. P. Act cause of action cause or matter Central Office chambers Chancery Division Common Law Cons contract copy costs counsel counterclaim Court of Appeal Court or judge creditor damages debt default defendant defendant's delivered delivery demurrer direct discovery discretion District Registry documents enforced entered entitled evidence execution executor fact filed Form give given High Court instance interlocutory interpleader interrogatories issue judgment debtor judgment or order Judicature Act jurisdiction jury leave liable ment necessary notice of motion obtained payment person plaintiff plaintiff's claim pleading proceedings Queen's Bench Division question recovery of land reference refused Registrar relief security for costs served solicitor Solrs specially endorsed statement of claim statute sued taken taxing officer thereof think fit third party tion trial trustee unless the Court Vict witness writ of summons
Popular passages
Page 96 - Court or a judge shall certify that the refusal to admit was reasonable ; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense.
Page 180 - To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity ; or (c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Page 307 - ... hour, to admit that such of the said documents as are specified to be originals were respectively •written, signed, or executed as they purport respectively to have been ; that such as are specified as copies are true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively ; saving all just exceptions to the admissibility of all such documents as evidence in this cause.
Page 57 - A defendant in an action may set off, or set up, by way of counter-claim against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not...
Page 287 - NB — This writ is to be served within twelve calendar months from the date thereof, or, if renewed, within six calendar months from the date of the last 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 Central Office, Royal Courts of Justice, London.
Page 22 - In all actions where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising (A.) upon a contract, express or implied...
Page 60 - The defendant or plaintiff (as the case may be) must raise by his pleading all matters which show the action or counter-claim not to be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence or reply, as the case may be, as if not raised would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the preceding pleadings, as for instance, fraud, Statute of Limitations, release, payment, performance,...
Page 473 - Wharton's Law Lexicon. — Forming an Epitome of the Law of England, and containing full Explanations of the Technical Terms and Phrases thereof, both Ancient and Modern ; including the various Legal Terms used in Commercial Business. Together with a Translation of the Latin Law Maxims and selected Titles from the Civil, Scotch and Indian Law.
Page 128 - ... colony, island, plantation, or place respectively, or before any of her Majesty's consuls or vice-consuls in any foreign parts out of her Majesty's dominions; and the judges and other officers of the High Court shall take judicial notice of the seal or signature, as the case may be...
Page 58 - Every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved, and shall, when necessary, be divided into paragraphs, numbered consecutively.