Practice Common-placed: Or, the Rules and Cases of Practice in the Courts of King's Bench and Common Pleas, Methodically Arranged, Volumes 1-2W. Strahan and M. Woodfall, 1780 - Civil procedure |
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Page 2
... ment , in fuch manner as if the prifoner or prifoners had appeared in the faid refpective courts , and refused to answer or plead to fuch declaration . " 1 And by fect . 3. it is further enacted , " That in all de- clarations against ...
... ment , in fuch manner as if the prifoner or prifoners had appeared in the faid refpective courts , and refused to answer or plead to fuch declaration . " 1 And by fect . 3. it is further enacted , " That in all de- clarations against ...
Page 4
... ment may be entered against him , if rules have been given ; but if he doth appear before the end of ten days after the term , he fhall imparl until the next term [ unless the action be in London or Middlefex ] and the defendant be in ...
... ment may be entered against him , if rules have been given ; but if he doth appear before the end of ten days after the term , he fhall imparl until the next term [ unless the action be in London or Middlefex ] and the defendant be in ...
Page 7
... ment may be entered against him . 6. If the declaration be not entered , or left in the office , before the end of the next term , after the return of the writ or procefs , [ by which the defendant fhall be taken or charged in cuftody ] ...
... ment may be entered against him . 6. If the declaration be not entered , or left in the office , before the end of the next term , after the return of the writ or procefs , [ by which the defendant fhall be taken or charged in cuftody ] ...
Page 9
... ment , the defendant to be difcharged by fuperfedeas in the end of the next term , and liberty for the plaintiff to declare , upon that appearance , the next term after that at farthest . Reg . M. 1654 . If the plaintiff does not remove ...
... ment , the defendant to be difcharged by fuperfedeas in the end of the next term , and liberty for the plaintiff to declare , upon that appearance , the next term after that at farthest . Reg . M. 1654 . If the plaintiff does not remove ...
Page 29
... ment , and defendant , being taken in execution , moved to be discharged , infifting , that after a fuperfedeas his perfon was free , and could not be again detained by procefs in the fame action . Per cur . After confulting all the ...
... ment , and defendant , being taken in execution , moved to be discharged , infifting , that after a fuperfedeas his perfon was free , and could not be again detained by procefs in the fame action . Per cur . After confulting all the ...
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Common terms and phrases
affidavit affign errors aforefaid alfo allocatur appear arreft attorney audita querela awarded bail Barnes becauſe bill brought cafual ejector caſe cauſe certiorari clerk cofts cuftody damages debt declaration delivered demife difcharged ejectment entered execution executor facias againſt faid A. B. faid court fame court fcire feal fecond feire facias fendant ferved fhall fheriff fhew caufe fhould figned filed firft fome ftatute ftay fuch writ fued fufficient fuggeftion fuit fummons fuperfedeas habeas corpus hath himſelf iffue inferior court judges judgment juftices King's Bench latitat leffor lord of parliament lord the king ment Middlefex motion muft muſt nonfuited otherwife outlawry parliament party perfon plaintiff in error plea plead prefent premiſes prifoner privilege procedendo proceed Proceeding in Error profecute prohibition put in bail quare Raym record recover replevin reverfed rule ſaid Salk ſhall Stra ſuch tenant in poffeffion term thereof verdict Vide writ of error