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 19
... shall render himself or be rendered to the Ficet in difcharge of his bail , at any plaintiff , where no declaration has been delivered , unless the plaintiff fhall declare against fuch defendant within two terms after fuch render , fuch ...
... shall render himself or be rendered to the Ficet in difcharge of his bail , at any plaintiff , where no declaration has been delivered , unless the plaintiff fhall declare against fuch defendant within two terms after fuch render , fuch ...
Page 29
... shall be looked on as the time of the render . Barnes 382 . So , for want of getting demurrer argued within the third Barnes 383 . term . The defendant was difcharged out of cuftody by superfe- deas , on entering a common appearance ...
... shall be looked on as the time of the render . Barnes 382 . So , for want of getting demurrer argued within the third Barnes 383 . term . The defendant was difcharged out of cuftody by superfe- deas , on entering a common appearance ...
Page 34
... shall ' not be difcharged on common bail . Ld . Raym . 1088 . If the defendant is difcharged by the lord's act , he can- not be retaken on execution , or new action . 1 Barnes 271 . A prifoner on a capias utlagatum , difcharged on an ...
... shall ' not be difcharged on common bail . Ld . Raym . 1088 . If the defendant is difcharged by the lord's act , he can- not be retaken on execution , or new action . 1 Barnes 271 . A prifoner on a capias utlagatum , difcharged on an ...
Page 37
... shall be remanded , and remain in prifon , without being let to bail against the will of the plaintiffs , unless fatisfaction be made them of the fums adjudged . 2 Hen . 5. ftat . I. c . 2 . A defendant brought into court by habeas ...
... shall be remanded , and remain in prifon , without being let to bail against the will of the plaintiffs , unless fatisfaction be made them of the fums adjudged . 2 Hen . 5. ftat . I. c . 2 . A defendant brought into court by habeas ...
Page 38
... shall not be removed thither , till he has answered to the cause here ; and he shall not compel the plaintiff to follow after a prolling defendant ; and fo vice verfa of the Common Pleas . Each court fhall retain the defendant in which ...
... shall not be removed thither , till he has answered to the cause here ; and he shall not compel the plaintiff to follow after a prolling defendant ; and fo vice verfa of the Common Pleas . Each court fhall retain the defendant in which ...
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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