The New Instructor Clericalis: Stating the Authority, Jurisdiction, and Modern Practice of the Court of King's Bench |
From inside the book
Results 1-5 of 100
Page ix
... on bailable Process by the bye Within what Time to declare Of obtaining Time to declare Of Notice of Declaration How to indorse Declaration 232 233 235 236 237 239 PAGE . Of intituling it and laying the Day in CONTENTS . ix.
... on bailable Process by the bye Within what Time to declare Of obtaining Time to declare Of Notice of Declaration How to indorse Declaration 232 233 235 236 237 239 PAGE . Of intituling it and laying the Day in CONTENTS . ix.
Page 29
... Declaration . special bail , as the case requires , the next proceeding on the part of the plaintiff is , to declare against him ( if he has not done it previous , by filing the declaration de bene esse , on the return - day , which he ...
... Declaration . special bail , as the case requires , the next proceeding on the part of the plaintiff is , to declare against him ( if he has not done it previous , by filing the declaration de bene esse , on the return - day , which he ...
Page 30
... declaration , if the suit be by bill , are added also the plaintiff's common pledges of prosecution , " John Doe and Richard Roe , " which are now mere names of form , and the omission of them at the end of the declaration is no ground ...
... declaration , if the suit be by bill , are added also the plaintiff's common pledges of prosecution , " John Doe and Richard Roe , " which are now mere names of form , and the omission of them at the end of the declaration is no ground ...
Page 31
... declaration out of the office . be pleaded . Pleas to the jurisdiction ( except ancient demesne ) and Pleas to the pleas in abatement , ought to be pleaded before a general jurisdiction , imparlance , within four days inclusive of both ...
... declaration out of the office . be pleaded . Pleas to the jurisdiction ( except ancient demesne ) and Pleas to the pleas in abatement , ought to be pleaded before a general jurisdiction , imparlance , within four days inclusive of both ...
Page 33
... declaration , they amount at once to an issue ; by which is meant a fact affirmed on the one side , and denied on the other . Special pleas in bar of the plaintiff's demand , are Special pleas very various , according to , the ...
... declaration , they amount at once to an issue ; by which is meant a fact affirmed on the one side , and denied on the other . Special pleas in bar of the plaintiff's demand , are Special pleas very various , according to , the ...
Contents
434 | |
440 | |
447 | |
455 | |
464 | |
473 | |
488 | |
495 | |
74 | |
80 | |
86 | |
98 | |
106 | |
112 | |
123 | |
129 | |
138 | |
144 | |
151 | |
159 | |
165 | |
171 | |
178 | |
184 | |
190 | |
196 | |
207 | |
215 | |
223 | |
229 | |
235 | |
239 | |
246 | |
252 | |
258 | |
264 | |
270 | |
276 | |
282 | |
288 | |
299 | |
307 | |
315 | |
322 | |
328 | |
334 | |
340 | |
342 | |
348 | |
355 | |
361 | |
371 | |
377 | |
383 | |
389 | |
396 | |
403 | |
410 | |
416 | |
427 | |
506 | |
518 | |
536 | |
542 | |
549 | |
555 | |
558 | |
567 | |
574 | |
583 | |
590 | |
598 | |
605 | |
611 | |
618 | |
625 | |
632 | |
638 | |
646 | |
657 | |
664 | |
671 | |
675 | |
681 | |
687 | |
694 | |
701 | |
709 | |
715 | |
723 | |
731 | |
733 | |
746 | |
752 | |
760 | |
767 | |
778 | |
782 | |
784 | |
790 | |
797 | |
807 | |
813 | |
819 | |
825 | |
831 | |
837 | |
844 | |
860 | |
867 | |
873 | |
Common terms and phrases
affidavit aforesaid allocatur amend appear arrested assizes assumpsit bail-piece bailiwick bill bond brought Burr capias cause of action chattels clerk common bail copy costs and charges court custody damages debt declaration default defendant defendant's delivered demurrer deponent discharged distringas Dougl East ejectment entered execution executor fendant filazer filed four days given Ibid issue John Doe judge judge's jury justice King's Bench latitat London Lord Ellenborough lord the king master Maule and Selw ment Middlesex motion nisi prius nonsuit notice of trial original outlawry party payment person plaintiff plaintiff's attorney plea of trespass plead præcipe proceed proceedings record recover render roll rule Salk scire facias seal served sheriff shew cause sign judgment special bail stamp stat statute sued suit summons sworn tenant Term Rep thereof tion venue verdict Vide warrant of attorney Westminster Wils writ of error
Popular passages
Page 14 - A THIRD species of implied assumpsits is when one has had and received money belonging to another, without any valuable consideration given on the receiver's part : for the law construes this to be money had and received for the use of the owner only ; and implies that the person so receiving promised and undertook to account for it to the true proprietor.
Page 581 - AB, as for his costs and charges by him about his suit in that behalf expended...
Page 861 - C. prays that the judgment aforesaid, for the errors aforesaid, and other errors in the record and proceedings 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 756 - But the great and efficacious writ, in all manner of illegal confinement, is that of habeas corpus ad subjiciendum ; directed to the person detaining another, and commanding him to produce the body of the prisoner, with the day and causo of his caption and detention, ad faciendum, subjiciendum, et recipiendum, to do, submit to, and receive...
Page 480 - VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the...
Page 12 - An annuity is a yearly payment of a certain sum of money, granted to another in fee, for life, or years, charging the person of the grantor only.
Page 102 - Affidavit shall be made by the Plaintiff, or some one on his Behalf, for which no fee shall be taken, before some Judge of the Court out of which such Process or Execution shall issue, or before some Person authorized to take Affidavits in such Courts...
Page 2 - All courts of record are the king's courts, in right of his crown and royal dignity, and therefore no other court hath authority to fine or imprison ; so that the very erection of a new jurisdiction with power of fine or imprisonment, makes it instantly a court of record.
Page 5 - It keeps all inferior jurisdictions within the bounds of their authority, and may either remove their proceedings to be determined here, or prohibit their progress below. It superintends all civil corporations in the kingdom. It commands magistrates and others to do what their duty requires, in every case where there is no other specific remedy. It protects the liberty of the subject, by speedy and summary interposition.
Page 50 - ... made use of upon the account or for the profit of any unqualified person...