The Practice of the Law in All Its Departments: With a View of Rights, Injuries, and Remedies, and as Ameliorated by Recent Statutes, Rules, and Decisions ... and the Practice in Arbitrations, Before Justices, in Courts of Common Law, Equity, Ecclesiastical and Spiritual, Admirality, and Courts of Appeal : with New Practical Forms Intended as a Court and Circuit Companion
London, H. Butterworth, 1835
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according action affidavit afterwards allowed amendment ante appearance application arrest attorney authority bail bill Bing capias cause chambers CHAP claim Common considered copy costs counsel course Court debt decided decision declaration defendant defendant's delivered demand directed discharge Dowl enactment entered Exchequer execution facts filed four further give given ground immediately indorsed instance irregularity issued judge judge's judgment jurisdiction King's Bench least leave matter motion necessary notice objection observed obtained officer otherwise particular party payment person plaintiff plea plead practice prescribed present principal proceed proceedings proper reason recent refused residence respect rule rule nisi served sheriff signed single judge statute stay sufficient sworn taken term thereof Tidd tion trial unless usual vacation writ writ of summons
156 ページ - We command you, That within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered...
728 ページ - In debt on specialty or covenant, the plea of non est factum shall operate as a denial of the execution of the deed in point of fact only, and all other defences shall be specially pleaded, including matters which make the deed absolutely void, as well as those which make it voidable.
729 ページ - ... of not guilty will operate as a denial, only that the defendant carried on the alleged trade in such a way as to be a nuisance to the occupation of the house ; and will not operate as a denial of the plaintiff's occupation of the house. In an action on the case, for obstructing a right of way, such plea will operate as a denial of the obstruction only, and not of the plaintiff's right of way : and in an action for converting the plaintiff's goods, the conversion only, and not the plaintiffs title...
666 ページ - ... no creditor, though for a valuable consideration, who shall sue out execution upon any judgment obtained by default, confession, or nil dicit, shall avail himself of such execution, to the prejudice of other fair creditors, but shall be paid rateable with such creditors.
112 ページ - In matters of practice, in all cases in which any particular number of days (not expressed to be clear days...
609 ページ - No set-off of damages or costs between parties shall be allowed to the prejudice of the attorney's lien for costs in the particular suit against which the set-off is sought, provided, nevertheless, that interlocutory costs in the same suit, awarded to the adverse party, may be deducted.
213 ページ - ... or defendant in person, as the case may be, mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of such plaintiff's or defendant's residence, if any such there be.
243 ページ - No original writ of summons shall be in force for more than six months from the day of the date thereof, including the day of such date...
624 ページ - Durham, in any action of assumpsit, debt, detinue, or trover, such application being made after declaration, and before plea, by affidavit or otherwise, showing that such defendant does not claim any interest in the subject-matter of the suit, but that the right thereto is claimed or supposed to belong to some third party who has sued or is expected to sue for the same, and that such defendant does not in any manner collude with such third party...