A Dictionary of the Practice in Civil Actions: In the Courts of King's Bench and Common Pleas, with Practical Directions and Forms, Arranged Under Each Title, Volumes 1-2S. Brooke, 1825 - Law |
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Page xxvi
... allowed 44 Also see Adjournment- Also see day , in Error . Motion . Summons . AFFIRMATION ib . Also see AMERCEMENT 57 Attorney , sect . I. p . 120 . Moravians . p.1 Also see Attachment against Sheriff . Page Page ARBITRATION . Where the ...
... allowed 44 Also see Adjournment- Also see day , in Error . Motion . Summons . AFFIRMATION ib . Also see AMERCEMENT 57 Attorney , sect . I. p . 120 . Moravians . p.1 Also see Attachment against Sheriff . Page Page ARBITRATION . Where the ...
Page 43
... allowed in furtherance of justice under the peculiar circumstances of the case ; and whether civil or criminal the proceedings are alike amendable . The King v . Hill Darley , 4 East , 174 . Where a plaintiff had been nonsuited at nisi ...
... allowed in furtherance of justice under the peculiar circumstances of the case ; and whether civil or criminal the proceedings are alike amendable . The King v . Hill Darley , 4 East , 174 . Where a plaintiff had been nonsuited at nisi ...
Page 44
... allowed . ACTION . Leave given to change the action from assump- sit to debt for money had and received upon the 7 G. II . c . 8 .; the Stock - Jobbing act . Billing and Another , assignees , & c . v . Flight , 6 Taunt . 419 , and this ...
... allowed . ACTION . Leave given to change the action from assump- sit to debt for money had and received upon the 7 G. II . c . 8 .; the Stock - Jobbing act . Billing and Another , assignees , & c . v . Flight , 6 Taunt . 419 , and this ...
Page 45
... allowed or CAPIAS , SPECIAL allowed to be amended in order to ground Proceedings , & c . an application to the Master of the Rolls for a new original , in which amend- Carr v . Shaw , 7 T. R. 299. and , where there was nothing to amend ...
... allowed or CAPIAS , SPECIAL allowed to be amended in order to ground Proceedings , & c . an application to the Master of the Rolls for a new original , in which amend- Carr v . Shaw , 7 T. R. 299. and , where there was nothing to amend ...
Page 46
... allowed or not . In K. B. no new rule to plead ne- cessary the same term , but in C.P. a new four- day rule to plead must be given after every amendment . CONTINUANCES after the term are amendable at common law . Phillips v . Smith , 1 ...
... allowed or not . In K. B. no new rule to plead ne- cessary the same term , but in C.P. a new four- day rule to plead must be given after every amendment . CONTINUANCES after the term are amendable at common law . Phillips v . Smith , 1 ...
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Common terms and phrases
affidavit aforesaid allocatur allowed amended appear arbitrator arrest assigned assumpsit attachment award bail bond bailiwick bankrupt Bench bill capias certificate certiorari chattels Chit clerk copy costs court custody damages debt declaration default defendant defendant's delivered demurrer deponent detinue discharged distringas East ejectment elegit entered entitled entry execution executor fieri facias filed FORMS subjoined given hath held indorsed issue J. B. Moore John Doe judge judgment jury justices latitat levied liable lord the king ment Middlesex motion nisi nisi prius nonsuit notice obtained original party payment person plaintiff in error plea plead possession PRACTICAL DIRECTIONS premises prisoner proceedings prothonotary recognizance record recovered replevin roll rule scire facias sheriff shew signed stat statute sued suit sworn Taunt tenant term thereof thereupon Tidd tion trespass trial Venue verdict Westminster William Draper Best writ of error
Popular passages
Page 94 - An agreement that by its terms is not to be performed within a year from the making thereof ; 2.
Page 287 - AB for his damages which he had sustained as well on occasion of the detention of the said debt "] as for his costs and charges by him about his suit in that behalf expended...
Page 4 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants...
Page 39 - State, or by any judge or justice therein respectively, whereby the person of any ambassador or other public minister of any foreign prince or State, authorized and received as such by the President of the United States...
Page 411 - ... the same ; in which notice shall be clearly and explicitly contained the cause of action...
Page 547 - Excise, or by Action of Debt, Bill, Plaint, or Information, in any of his Majesty's Courts of Record at Westminster...
Page 645 - RC prays that the judgment aforesaid, for the errors aforesaid, and other errors in the record and prpceedings aforesaid, may be reversed, annulled, and altogether held for nothing, and that he may be restored to all things which he hath lost by occasion of the said judgment, &c.
Page 365 - ... proving such warrant at the trial of such action, the jury shall give their verdict for the defendant or defendants notwithstanding any defect of jurisdiction in such justice or justices...
Page 659 - Morewood (r), it was held, that if a verdict be found on any fact or title distinctly put in issue, in an action of trespass, such verdict may be pleaded by way of estoppel in another action between the same parties, or their privies, in respect of the same fact or title.
Page 571 - ... years from thence next ensuing, and fully to be complete and ended, yielding and paying therefore yearly, and every year during the said term...