The New Instructor Clericalis: Stating the Authority, Jurisdiction, and Modern Practice of the Court of King's Bench |
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Page xii
... Default 490 Of the Writ of Inquiry 495 Where there is no Necessity for this Writ ib . Of the Notice of Inquiry 498 Inquiry before the Chief Justice 506 In Actions on Bonds or on any penal Sum , & c . Confession of the Action 577 508 ...
... Default 490 Of the Writ of Inquiry 495 Where there is no Necessity for this Writ ib . Of the Notice of Inquiry 498 Inquiry before the Chief Justice 506 In Actions on Bonds or on any penal Sum , & c . Confession of the Action 577 508 ...
Page 17
... default , where he is plaintiff , it cannot be assign- ed for error , that he is an infant ; but the defendant should have summoned to stay the proceeding until a guardian was appointed . Vide 21 Jac . 1. c . 13. 4 Ann . c . 16. If an ...
... default , where he is plaintiff , it cannot be assign- ed for error , that he is an infant ; but the defendant should have summoned to stay the proceeding until a guardian was appointed . Vide 21 Jac . 1. c . 13. 4 Ann . c . 16. If an ...
Page 20
... default thereof , such person so not entering , and his heirs , shall be utterly disabled after title of from such entry . 21 Jac . 1. c . 16 . years next entry . No entry or claim , & c . unless action prosecuted . Joint - tenant . No ...
... default thereof , such person so not entering , and his heirs , shall be utterly disabled after title of from such entry . 21 Jac . 1. c . 16 . years next entry . No entry or claim , & c . unless action prosecuted . Joint - tenant . No ...
Page 32
... default . But frequently he confesses one part of the complaint , ( by a cognovit actionem in respect thereof , ) and traverses , or denies the rest , in order to avoid the expence of carrying that part to a formal trial , which has no ...
... default . But frequently he confesses one part of the complaint , ( by a cognovit actionem in respect thereof , ) and traverses , or denies the rest , in order to avoid the expence of carrying that part to a formal trial , which has no ...
Page 36
... default ; and , after issue or demurrer joined , as well as some of the previous stages of proceeding , a day is continually given and entered upon the record , for the parties to appear from time to time , as the exigence of the case ...
... default ; and , after issue or demurrer joined , as well as some of the previous stages of proceeding , a day is continually given and entered upon the record , for the parties to appear from time to time , as the exigence of the case ...
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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...