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 55
... stay abroad longer than their lawful occafion requir ed , fuch ftay must be looked upon with a view to defeat juftice ; and confequently , they were duly outlawed . That if not , they ought to bring their writ of error , and should not ...
... stay abroad longer than their lawful occafion requir ed , fuch ftay must be looked upon with a view to defeat juftice ; and confequently , they were duly outlawed . That if not , they ought to bring their writ of error , and should not ...
Page 82
... stay the proceedings ; the court held the sur- render to be good , it being before the return of the process in this fuit , and it was the fault of the plaintiff not to begin right at first . Hoare v . Mingay , one , & c . Stra . 915 ...
... stay the proceedings ; the court held the sur- render to be good , it being before the return of the process in this fuit , and it was the fault of the plaintiff not to begin right at first . Hoare v . Mingay , one , & c . Stra . 915 ...
Page 84
... stay the proceedings therein , as is done in cafes where , pending error , the plaintiff brings debt on the judgment , infifting that it was more reasonable in this cafe , because otherwise the bail might lose the ad- vantage of ...
... stay the proceedings therein , as is done in cafes where , pending error , the plaintiff brings debt on the judgment , infifting that it was more reasonable in this cafe , because otherwise the bail might lose the ad- vantage of ...
Page 85
... stay proceed- ings on the fci . fa . and cited Myer v . Arthur . But , Per cur . that differed , for there the bail came in time whilft they might surrender , which they cannot do here after the return of the fecond fci . fa . at which ...
... stay proceed- ings on the fci . fa . and cited Myer v . Arthur . But , Per cur . that differed , for there the bail came in time whilft they might surrender , which they cannot do here after the return of the fecond fci . fa . at which ...
Page 86
... stayed , yet we will not fet them afide . If an action of debt had been brought upon the judgment , we should have ... stay proceedings against them till that writ of error was determined ; and though it was ob- jected , that the bail ...
... stayed , yet we will not fet them afide . If an action of debt had been brought upon the judgment , we should have ... stay proceedings against them till that writ of error was determined ; and though it was ob- jected , that the bail ...
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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