The Common Law Procedure Acts and Other Statutes Relating to the Practice of the Superior Courts of Common Law and the Rules of Court, with Notes

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1868 edition. Excerpt: ...should provide for the costs (am/a T. G. W. ft Company, 6 E. c B. 405; L. J. 25, Q. B. 279); otherwise none can be recovered. As to allowing the costs of an eipert, see Chorion v. Freaen (2 Weekly Notes, 1867, p. 101; 16 L. T., N. S. 171, M. V. C). Interrogatories. 51. In all causes in any of the Superior Courts, by Power to deorder of the court or a judge, -the plaintiff may, with 'rcga611 the declaration, and the defendant may, with the plea, toriestoopor either of them by leavef of the court or a judge, poe tly' may, at any other time, deliver to the opposite party or his attorney (provided such party, if not a body corporate, would be liable to be called and examined as a witness upon such matter) interrogatories in writing upon any matter as to which discovery may be sought, and require such party, or, in the case of a body corporate, any of the officers of such body corporate, J within ten days to answer the questions in writing by affidavit, to be sworn and filed in the ordinary way; and any party or officer omitting, without just cause, sufficiently to answer all questions as to which a discovery may be sought within the above time, or such extended time as the court or a judge Interrogatories may be delivered in interpleader issues, under 1 & 2 Wai.4, c.SHWhtie v. Watts, 12 C. B., N. S. 207; L. J.31.C. P. 381). t This is very obscurely framed: in practice, leave Is invariably required, vbether the interrogatories be delivered with the declaration, or with the alea, or at any other time. Compare s. 32 port, p. 261). The time of the application Is not so material as Its other circumstances; but, ordinarily, the application for leave to deliver interrogatories should not be made until...