The New Practice, Pleading, and Evidence, in the Courts of Common Law at Westminster, as Regulated by the New Statute 15 & 16 Vict. Cap. 76, with All Necessary Forms
Shaw, 1853 - 872 ページ
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according action admitted affidavit aforesaid afterwards allowed amendment amount appear application Arch assignment attendance attorney authority bail bailiwick barons C. L. Pr cause chattels claimant command commencement Common Pleas contained copy costs court of Queen's death defendant delivered directed effect ejectment entered entitled error examiners Exchequer Exchequer of Pleas execution execution hereof Fieri Facias filed folio follows four further give given grace hereditaments hold immediately indorsed inquiry interest issue joined judge judgment justices lands lately leave liberty Lord manner master ment mentioned necessary notice obtained omit paid party payment person plaintiff pleading possession pounds proceed proceedings proper Queen's Bench reason record recovered removed renewed rents respect rule served sheriff signed statute sued suggestion suit superior courts taken term thereof trial tried unless verdict Westminster Witness writ writ of summons
826 ページ - Act annexed, or as near thereto as the Circumstances of the Case will admit...
749 ページ - Chancery, and according to the form of the statute, in such case made and provided, chose to be delivered to him all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough ; and also all such lands, tenements, rectories, tithes, rents, and hereditaments...
741 ページ - And in what manner you shall have executed this our Writ make appear to us in our said Court immediately after the execution thereof, and have there then this Writ.
783 ページ - I ; and a writ of summons so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited, and for all other purposes, from the date of the issuing of the original writ of summons.
796 ページ - The plaintiff, after the delivery of a plea of payment of money into court, shall be at liberty to reply to the same, by accepting the sum so paid into court in full satisfaction and discharge of the cause of action in respect of which it has been paid in, and he shall be at liberty in that case to tax his costs of suit, and in case of nonpayment thereof within forty-eight hours to sign judgment for his costs of suit so taxed ; or the plaintiff may reply, " that he has sustained " damages [or that...
732 ページ - In all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the court, the same shall be reckoned exclusively of the first day, and inclusively of the last day...
743 ページ - ... behalf ; and in what manner you shall have executed this our writ, make appear to us in our said Court immediately after the execution thereof.
711 ページ - ... hour, to admit that such of the said documents as are specified to be originals were respectively •written, signed, or executed as they purport respectively to have been ; that such as are specified as copies are true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively ; saving all just exceptions to the admissibility of all such documents as evidence in this cause.