Reports of Cases Decided at Nisi Prius and at the Crown Side on Circuit: With Select Decisions at Chambers : [1856-1867], Volume 2Stevens & Norton, 1862 - Law reports, digests, etc |
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Page 178
... C. L. P. Act , s . 222 , only provides for amendment so as to cause that which was really in controversy between the parties before and at the time of the action , not mere after - thoughts occurring at the trial . Wilkin v . Reed , 15 ...
... C. L. P. Act , s . 222 , only provides for amendment so as to cause that which was really in controversy between the parties before and at the time of the action , not mere after - thoughts occurring at the trial . Wilkin v . Reed , 15 ...
Page 184
... C. L. P. Act , s . 75 , only applies where pleadings are capable of being con- strued distributively . Vide Cory v . Bond , post . ( a ) The C. L. P. Act , 1852 , s . 81 , is , that the costs of any issue shall follow the finding on ...
... C. L. P. Act , s . 75 , only applies where pleadings are capable of being con- strued distributively . Vide Cory v . Bond , post . ( a ) The C. L. P. Act , 1852 , s . 81 , is , that the costs of any issue shall follow the finding on ...
Page 244
... C. L. P. Act , 1852 ( Finlason's Ed . , 1860 , p . 93 ) , that this is to be deemed a denial of the substance of the plead- ing . And of course performing or happening of conditions precedent are " the substance " of a defence founded ...
... C. L. P. Act , 1852 ( Finlason's Ed . , 1860 , p . 93 ) , that this is to be deemed a denial of the substance of the plead- ing . And of course performing or happening of conditions precedent are " the substance " of a defence founded ...
Page 245
... C. L. P. Act , 1852 , s . 57 , provides , that the defendant or plaintiff may aver performance of conditions ... C. L. P. Acts , Ed . 1860 , p . 85 ) . But then , if the averment is denied generally , it is in issue , ( the remedy being ...
... C. L. P. Act , 1852 , s . 57 , provides , that the defendant or plaintiff may aver performance of conditions ... C. L. P. Acts , Ed . 1860 , p . 85 ) . But then , if the averment is denied generally , it is in issue , ( the remedy being ...
Page 246
... C. L. P. Act only authorizes such amend- ments at Nisi Prius as are neces- sary to raise the real question which the parties intended to have tried , not anything which was not in controversy before . The above case is useful as a ...
... C. L. P. Act only authorizes such amend- ments at Nisi Prius as are neces- sary to raise the real question which the parties intended to have tried , not anything which was not in controversy before . The above case is useful as a ...
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Common terms and phrases
action admitted affidavit agent agreed agreement alleged amend amount appeared applied Assizes attorney authority Averment bills of lading Bovill breach broker BYLES C. L. P. Act called cargo cause champerty charge charter charter-party claim COCKBURN contended contract coram counsel Court creditor damages declaration deed defendant defendant's dence denied detinue discharged entered entitled ERLE evidence Exch fact fendant freight ground guilty Hawkins held Hilary Term indictment issue Judge jury land letter liable locus in quo Lush Mary Ann M'Donnell matter ment Michaelmas Term negligence never indebted nonsuit notice paid paid into Court party payment person plaintiff plea pleaded POLLOCK possession premises prisoner prosecution proved question RAILWAY COMPANY reason received REGINA rent repairs second count Serjt ship Smith statute taken tenant thereupon tiff tion trespass trial Trinity Term Verdict vessel Vict vide WIGHTMAN William William Davison witnesses writ