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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Results 6-10 of 45
Page 55
... should not be relieved by motion . The court thought it difcretionary in them to relieve by motion , or put the parties to a writ of error , according to the circumftances of the cafe . Courts have gone further of late years , than ...
... should not be relieved by motion . The court thought it difcretionary in them to relieve by motion , or put the parties to a writ of error , according to the circumftances of the cafe . Courts have gone further of late years , than ...
Page 86
... should have granted an imparlance , if it had been afked ; but we never fet afide the judgment when it is once figned ; because we take it , that by your not applying in time you have fubmitted to meet the plaintiff . Fisher v . Emerton ...
... should have granted an imparlance , if it had been afked ; but we never fet afide the judgment when it is once figned ; because we take it , that by your not applying in time you have fubmitted to meet the plaintiff . Fisher v . Emerton ...
Page 96
... should have feven days between the teste and return , and not one ten and the other five . Every feire facias whereon nihil is to be returned , fhould be delivered to the fheriff , or left in his office , fometime before returned . Reg ...
... should have feven days between the teste and return , and not one ten and the other five . Every feire facias whereon nihil is to be returned , fhould be delivered to the fheriff , or left in his office , fometime before returned . Reg ...
Page 99
... should not be affeffed and recovered by him or them ; and if fuch de- fendant , his executors or adminiftrators , fhall appear at the return of fuch writ , and not fhew or alledge any matter fufficient to arreft the final judgment , or ...
... should not be affeffed and recovered by him or them ; and if fuch de- fendant , his executors or adminiftrators , fhall appear at the return of fuch writ , and not fhew or alledge any matter fufficient to arreft the final judgment , or ...
Page 101
... should , after allowance of this writ and revival of judgment , take out an elegit to charge the land , the party may have remedy by fuggeftion , or by an audita querela . Vide Bac . Abr . 4 vol . 419 . If an executor brings a fcire ...
... should , after allowance of this writ and revival of judgment , take out an elegit to charge the land , the party may have remedy by fuggeftion , or by an audita querela . Vide Bac . Abr . 4 vol . 419 . If an executor brings a fcire ...
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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