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 87
Page 45
... original writ . But in B. R. the præcipe is ufually carried directly to the filazer , who procures the original from the curfitor , and im- mediately makes out the capias , & c . The curfitor is paid at the rate of 2 s . 6 d . the firft ...
... original writ . But in B. R. the præcipe is ufually carried directly to the filazer , who procures the original from the curfitor , and im- mediately makes out the capias , & c . The curfitor is paid at the rate of 2 s . 6 d . the firft ...
Page 46
... original , and does not mean to proceed to outlawry , the capias may bear teste before the original , and even before the cause of action ac- crued , fo long as it is actually taken out afterwards ; for you cannot have oyer of the ...
... original , and does not mean to proceed to outlawry , the capias may bear teste before the original , and even before the cause of action ac- crued , fo long as it is actually taken out afterwards ; for you cannot have oyer of the ...
Page 51
... original requiring bail . The fuperfedeas to an exigent must be delivered to the fheriff before the return of the exigent . Barnes 319 . In fuperfeding the exigent , the defendant must pay the plaintiff the cofts he has put into his ...
... original requiring bail . The fuperfedeas to an exigent must be delivered to the fheriff before the return of the exigent . Barnes 319 . In fuperfeding the exigent , the defendant must pay the plaintiff the cofts he has put into his ...
Page 52
... original in an action on the cafe on promises , which required bail . Motion and rule was to thew caufe , why defendant fhould not have leave to ap- pear , and fuperfede the exigent on payment of costs . On Thewing caufe , the court was ...
... original in an action on the cafe on promises , which required bail . Motion and rule was to thew caufe , why defendant fhould not have leave to ap- pear , and fuperfede the exigent on payment of costs . On Thewing caufe , the court was ...
Page 57
... original plaintiff ] may proceed if fo advised . French v . Manby . Barnes 323 . Vide It was the practice in the Common Pleas , before the ftat . 45 W. & M. c . 18. to allow a defendant , upon appear- ance by attorney , to reverse the ...
... original plaintiff ] may proceed if fo advised . French v . Manby . Barnes 323 . Vide It was the practice in the Common Pleas , before the ftat . 45 W. & M. c . 18. to allow a defendant , upon appear- ance by attorney , to reverse the ...
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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