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INDEX.

ABATEMENT, pleas in, abolished, 78.

ADMISSION OF DOCUMENTS,

either party may call on the other for, 54.

ADMISSIONS, 55.

ALLEGATIONS,

if denied, or not admitted where they should have been ad-
mitted, court may make order as to extra costs, 31.

of fact in pleading, if not denied or stated to be not admitted,
to be taken to be admitted, 30. See INFANT.

to be denied specifically, if not admitted, 30.

AMENDMENT,

generally, 42, 143.

of set-off, or counter-claim, 42.

of statement of claim, 41.

of statement of defence, 41.

of writ of summons, 14.

APPEARANCE,

defendant to give notice of, 10.

in actions to recover land, 12, 13.

in London, 10.

in district registry, 10.

by partners, 12.

manner in which notice given of, 10.
memorandum of, statements in, 11, 12.

time for, 11.

to be entered by delivering memorandum, 10.
undertaking for, 11.

APPLICATION for particulars. See PARTICULARS.

ASSESSORS, trial with, 55.

AUDITA QUERELA, abolished, 67.

CHANGE OF PARTIES, by marriage, death, &c., 82—84.

CHARGING OF STOCK, 90–92.

CLAIM, 21. See STATEMENT OF CLAIM.

CONCURRENT WRIT, 3. See WRIT OF SUMMONS.

CONFESSION, of defence, by plaintiff, 81.

CORPORATION, 6. See SERVICE.

A.C.L.

H

COUNTER-CLAIM, court may refuse permission to defendant to
avail himself of, on plaintiff's application, 33.

distinct grounds of, to be stated separately and distinctly, 32.
effect of, 31.

amendment of, 42.

judgment for defendant on, 32.

may be ordered to be excluded and disposed of in an inde-
pendent action, 33.

person named in defence, as party to a counter-claim, may
reply within eight days, 33.

persons sought to be made liable under, to be served with copy
of defence, 33.

to state specifically the relief claimed, 31.

DEFAULT,

of appearance, 14—17.

in pleading. See JUDGMENT.

DEFENCE,

confession of, by plaintiff, 81.

in action for recovery of land, 30.

separate grounds of, to be stated separately in statement of
defence, 29. See also STATEMENT OF DEFENCE.

DEMUR, any party may, to a pleading on the ground that facts
do not disclose a cause of action, or ground of defence, 44.

DEMURRER,

allowance of, 46.

entry of, 45.

may be set aside with costs, if no ground, or on frivolous
ground, 44.

overruling of, 46.

to state specifically whether it is to the whole or part of
pleading, 44.

where defendant wishes to demur to part of a claim, and defend
as to the rest, 45.

where party wishes to plead and demur, 45.

DISCLOSURE, of facts entitling defendant to defend, 19. See
SOLICITOR, PARTNERS.

DISCONTINUANCE, withdrawal after entry for trial, 84, 85.
DISCOVERY, 34.

as to documents, 37.

DISMISSAL, for want of prosecution, where claim not delivered in
proper time, 24.

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EXECUTION,

interpretation of "writ of," 65.
interpretation of "issuing execution," 65.
on judgment against partners, 63.

on judgment for payment into court, 63.
on judgment for recovery of money, 63.

on judgment for recovery of property other than land or money,63.
on judgment to do any other act, 63.

where judgment to the effect that any party is entitled to relief,
subject to the fulfilment of any condition or contingency, 64.
writ of, duration of, 66.

writ of, renewal of, 66.

INDORSEMENTS,

need not state precise remedy or relief on writ, 2.

on writ, 1, 2.

on writ to state in what capacity plaintiff or defendant sues or
is sued, 2.

special, 2, 3.

INFANT, allegations of fact in a pleading, not to be taken as
admitted against an, 30.

INJUNCTION, indorsement for, 1.

INSPECTION,

of documents, order for, 40.
failure to obey order for, 40.

INTERROGATORIES,

any answer to may be used in evidence without the others, 37.
answering, 35.

application to set aside, 35.

defendant not answering to be liable to have his defence struck
out, and be treated as if he had not defended, 37.

costs on, 37.

in writing, may be delivered, 34.

non-compliance with order to answer, 36.

objections to answering, 35.

omission to answer, or answering insufficiently, 36.

plaintiff not answering to be liable to have his action dis-
missed, 36.

to body corporate or joint stock company, 34.

JOINDER, OF CAUSES OF ACTION, 74.

application by defendant to confine causes, 75.
application by defendant to exclude causes, 75.

claim by or against an executor or administrator, 75.
claims by plaintiffs jointly, 75.

JOINDER OF ISSUE,

by each party in his pleading subsequent to reply, 47.
by plaintiff upon the defence in his reply, 47.
effect of, 78.

by defendant, 47.

to be deemed the close of the pleadings, 47.

where usually necessary,

47.

JUDGMENT,

entry of, 60.

entry of, where judgment is pronounced, 60.

entry of, where judgment is not pronounced, 60.

final, on writ specially indorsed, where defendant does not
appear, may be entered for sum not exceeding amount in-
dorsed and interest, and a sum for costs, 14.

in default of appearance, where claim is for detention of goods
and pecuniary damages, 15.

in default of appearance, in action for recovery of land, 16.
in default of appearance, where claim is for waste, mesne
profits, arrears of rent, or damages for breach of contract, 17.
in default of appearance, where writ specially indorsed for
account, 16.

in default of appearance, where defendant is under disability, 17.
in default of pleading, 24—27.

by default, setting aside, 21.

motion for, 92, 95.

where plaintiff's claim is for a debt or liquidated demand, and
writ not specially indorsed, in default of appearance, 15.

where defendant does not appear to writ out of District
Registry, 17.

under Bills of Exchange Act, 18.

under Order 14.. 18.

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judgment of, to have same effect as a judgment on the merits
for the defendant, 62.

may be set aside on the ground of mistake, surprise, or acci-
dent, 62.

NOT GUILTY BY STATUTE,

plea of, not to be pleaded with any other defence, except by
leave, 30.

effect of, 30.

plea of, to have same effect as heretofore, 30.

NOTICE,

by defendant to inspect, 54.

in lieu of writ, service of, 4.

by defendant, to try before judge and jury, 52.

of special jury, 52.

to produce, 38.

to produce by plaintiff, 53.

by defendant, 54.

where plaintiff wishes to have the action tried in a different
mode to that specified in the notice of trial, 49.

NOTICE OF TRIAL,

by plaintiff, 48.

by defendant, 48.

may be given by defendant if plaintiff fails to do so within the
prescribed time, 49.

not to operate for any particular sittings in London or Middle-
sex, 51.

countermand of, 51.

countermand of, by defendant, 51.
what to state, 50.

ten days' notice to be given, 50.
to be given before entering action, 50.

PARTICULARS, application for, 24.

PARTIES,

amendment of claim, 72.

change of, by marriage, death, &c., 82-84.
classes, 71.

application to add or strike out, 72.
defendants, 69.

filing amended writ, where defendant added as a party, 72.
joinder of, where plaintiff in doubt, 69.

married women, infants, and lunatics, 70.

numerous, having the same interest, 70.
partners, 71.

plaintiffs, 68.
third, 73.

PARTNERS,

appearance by, 12.

execution on judgment against, 63.
service may be on one or more, 5.

to declare on demand the names and addresses of members of

firm, 14.

PAYMENT INTO COURT,

before defence, defendant to give notice of, 27.

in action for debt or damages, before or at time of delivering
defence, 27.

of money before defence may be accepted by plaintiff in satis-
faction within four days after notice, 28.

of money, first stated in defence may, before reply, be accepted
by plaintiff, 28.

PAYMENT OUT OF COURT,

to plaintiff, or his solicitor on his authority, 27.

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