...there should not, accordingly, for that purpose, be an issue tried between the parties. — Section 3. of the Common Law Procedure Act, 1854 (17 & 18 Viet. c. 125), authorizes a Judge, upon the application of either party, to make the order of reference which...

...pleading over. Wilkinson v. Sbarland, 724 (3). Form of Rule Nisi for New Trial Under the 33rd section of the Common Law Procedure Act, (1854), 17 & 18 Viet. c. 126, the grounds upon which a rule nisi is obtained for a new trial, or to enter a verdict of nonsuit,...

...for discovery merely, in aid of a compulsory reference to arbitration, ordered under the 3rd section of the Common Law Procedure Act, 1854 (17 & 18 Viet. c. 125). And this jurisdiction is not affected by the powers given by the 7th section of the Act, of compelling...

...about to be used in opposition to his rule contained " new matter,"—moved, under the 45th section of the Common Law Procedure Act, 1854, 17 & 18 Viet. c. 125,(a) for leave to file affidavits in answer to such ncw matter. [CRESSWELL, J.—What is the new...

...readily proved, and no dispute may arise as to the sufficiency of its terms (e). Prior to the passing of the Common Law Procedure Act, 1854, 17 & 18 Viet. c. 125, it was advisable that it should not be actually attested by any one ; for if it were attested,...

...containing an agreement that the submission may be made a rule of any Court of record. Then, by sect. 7 of The Common Law Procedure Act, 1854 (17 & 18 Viet. c. 125.), the arbitrator, upon any reference ordered by a Judge under that Act, has the same powers, and...

...obtained accordingly, was discharged, the Court of Common Pleas holding, that, under the 31st section of the Common Law Procedure Act, 1854 (17 & 18 Viet. c. 125), the question whether or not a document offered in evidence is sufficiently stamped, is to be...

...client in respect of costs prevails over the claim of a judgment creditor under the garnishee clauses of the Common Law Procedure Act, 1854 (17 & 18 Viet. c. 125, ss. 61, 62, &c.) It is submitted that it does. If a person has a lien on a chattel, and execution...

...upon the owners and by them dishonoured, applied to the Court of Exchequer under the garnishee clauses of the Common Law Procedure Act, 1854 (17 & 18 Viet. c. 125, ss. 61—67), for an attachment of all debts due from Mr. Kendall to Rickard, and thereupon Baron...

...cause, if the master thinks fit. 'Costs of summons and order for interrogatories under the 51st section of the Common Law Procedure Act, 1854 (17 & 18 Viet. c. 125), not costs in the cause for the party obtaining the order, unless so ordered ; but costs of opposing...