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 100
Page 53
... writ of error , but will avoid circuity , and relieve him in a fum- mary way . Barnes 325. Reilly v . O'Connor ... writs had been fued out , and defendant could not be arrested . He lived on the confines of Surry and Kent ; and when the ...
... writ of error , but will avoid circuity , and relieve him in a fum- mary way . Barnes 325. Reilly v . O'Connor ... writs had been fued out , and defendant could not be arrested . He lived on the confines of Surry and Kent ; and when the ...
Page 54
... writ commanded , but not where or according to the form of the ftatute ... error . And the rule to fhew caufe , why the outlawry fhould not be reverfed ... writs , ( though bailable ) pursuant to the ftatute to pre- vent vexatious arrefts ...
... writ commanded , but not where or according to the form of the ftatute ... error . And the rule to fhew caufe , why the outlawry fhould not be reverfed ... writs , ( though bailable ) pursuant to the ftatute to pre- vent vexatious arrefts ...
Page 55
... writ of error , and 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 ...
... writ of error , and 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 ...
Page 56
... writ of error . Barnes 323 . Note , Outlawries pronounced without proclamations , are void by the 31 El . c . 3 . Motion that plaintiff might reverfe an outlawry at his own expence , the defendant being in parts beyond the feas at the ...
... writ of error . Barnes 323 . Note , Outlawries pronounced without proclamations , are void by the 31 El . c . 3 . Motion that plaintiff might reverfe an outlawry at his own expence , the defendant being in parts beyond the feas at the ...
Page 58
... Writ of Error . THE courts , in an outlawry had against him , will HE courts , inftead of driving the party to his writ of moftly , as appears from the foregoing cafes , relieve him on motion , where the proceedings have ... Writ of Error,
... Writ of Error . THE courts , in an outlawry had against him , will HE courts , inftead of driving the party to his writ of moftly , as appears from the foregoing cafes , relieve him on motion , where the proceedings have ... Writ of Error,
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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