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 20
... must be an affidavit filed with the clerk of the rules , according to Reg . 15 Geo . 2. elfe it is no cause of detainer , if he should be fuperfeded in other actions against him : But then , as in all cafes where the cause of action ...
... must be an affidavit filed with the clerk of the rules , according to Reg . 15 Geo . 2. elfe it is no cause of detainer , if he should be fuperfeded in other actions against him : But then , as in all cafes where the cause of action ...
Page 21
... must be obferved . Rep . & Caf . of Pract . C. B. 144 . Barnes 72 . Pract . Reg . C. P. 330 . If any perfon hath caufe of action against a prisoner com- mitted to the Flect , after filing a declaration with the proper officer , he may ...
... must be obferved . Rep . & Caf . of Pract . C. B. 144 . Barnes 72 . Pract . Reg . C. P. 330 . If any perfon hath caufe of action against a prisoner com- mitted to the Flect , after filing a declaration with the proper officer , he may ...
Page 24
... must be made to C. B. But if he removes , after being charged with a declaration , [ and not brought back by habeas corpus ] then , for want of not being charged in execution in due time , & c . he must apply for a fuperfedeas to B. R. ...
... must be made to C. B. But if he removes , after being charged with a declaration , [ and not brought back by habeas corpus ] then , for want of not being charged in execution in due time , & c . he must apply for a fuperfedeas to B. R. ...
Page 25
... must declare in B. R. and cannot proceed further in C. B. un- lefs he brings the defendant back by habeas corpus ad refpon- dendum . And if a prifoner in the Fleet , charged with a declaration in C. B. removes himself afterwards to the ...
... must declare in B. R. and cannot proceed further in C. B. un- lefs he brings the defendant back by habeas corpus ad refpon- dendum . And if a prifoner in the Fleet , charged with a declaration in C. B. removes himself afterwards to the ...
Page 26
... must be filed within twenty days , with the clerk of the rules , after the end of the fecond term after the return of procefs . Reg . 5 W. & M. But if the defendant is in cuftody of the marshal , no af- fidavit of delivery is neceffary ...
... must be filed within twenty days , with the clerk of the rules , after the end of the fecond term after the return of procefs . Reg . 5 W. & M. But if the defendant is in cuftody of the marshal , no af- fidavit of delivery is neceffary ...
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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