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 31
... writ of error , no need to charge him in execution the fecond term after the judg- ment . 2 Wilf . 380 . The defendant , in Michaelmas term , was furrendered in discharge of his bail ; and afterwards , without giving any notice to the ...
... writ of error , no need to charge him in execution the fecond term after the judg- ment . 2 Wilf . 380 . The defendant , in Michaelmas term , was furrendered in discharge of his bail ; and afterwards , without giving any notice to the ...
Page 32
... writ of error is brought , or there is an injunction . Att . Pract . 341. Note on Reg . Tr . 2 Geo . 1 . But quære ... writ of error fo long , he had been at liberty to take out execution without a fi . fa , Sed per cur . We cannot take ...
... writ of error is brought , or there is an injunction . Att . Pract . 341. Note on Reg . Tr . 2 Geo . 1 . But quære ... writ of error fo long , he had been at liberty to take out execution without a fi . fa , Sed per cur . We cannot take ...
Page 34
... writ of error , and thereupon judgment was reverfed , and fuperfedeas iffued to difcharge her out of cuf- tody ; but before the could get the fuperfedeas allowed , the plaintiff charged her with a new declaration ; whereupon the moved ...
... writ of error , and thereupon judgment was reverfed , and fuperfedeas iffued to difcharge her out of cuf- tody ; but before the could get the fuperfedeas allowed , the plaintiff charged her with a new declaration ; whereupon the moved ...
Page 44
George Crompton. On mefne Procefs . In the King's Bench , as a writ of error brought on a judg- ment by original there ... writs of error , has a profpect therefore of getting his debt much earlier , by fuing by original , than by bill in ...
George Crompton. On mefne Procefs . In the King's Bench , as a writ of error brought on a judg- ment by original there ... writs of error , has a profpect therefore of getting his debt much earlier , by fuing by original , than by bill in ...
Page 52
... writ of error , to reverse an outlawry had against him , the court will , at this day , in most cases , relieve upon motion , where the party comes in gratis upon the exigent , if the proceedings have been irregular or unlawful . A writ ...
... writ of error , to reverse an outlawry had against him , the court will , at this day , in most cases , relieve upon motion , where the party comes in gratis upon the exigent , if the proceedings have been irregular or unlawful . A writ ...
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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