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PRÉCIS

OF AN

Action at Common Law.

WRIT of Summons.

To be indorsed with statement of nature of claim made, and to specify Division of High Court to which it is intended to assign action (Ord. 2, r. 1).

If an injunction or receiver be required, the writ should be indorsed to that effect (Colebourne v. Colebourne, 1 Ch. Div. 690).

In actions in the Chancery Division the writ must be indorsed with the name of the intended Judge (S. C. J. A. 1873, 88. 33, 42; Ord. 5, r. 4).

Costs occasioned by use of more prolix form of writs or indorsements than those prescribed are to be borne by party using same, unless Court shall otherwise direct (Ord. 2, r. 2).

To bear date on the day on which issued, and to be tested with name of Lord Chancellor, or if that office be vacant, then the name of the Lord Chief Justice (Ord. 2, r. 8).

If plaintiff sues, or the defendant or any of the defendants is sued in a representative capacity, the indorsement shall state in what capacity he sues or is sued (Ord. 3, r. 4).

A.C.L.

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PRÉCIS

OF AN

Action at Common Law.

WRIT of Summons.

A.C.L.

To be indorsed with statement of nature of claim made, and to specify Division of High Court to which it is intended to assign action (Ord. 2, r. 1).

If an injunction or receiver be required, the writ should be indorsed to that effect (Colebourne v. Colebourne, 1 Ch. Div. 690).

In actions in the Chancery Division the writ must be indorsed with the name of the intended Judge (S. C. J. A. 1873, 88. 33, 42; Ord. 5, r. 4).

Costs occasioned by use of more prolix form of writs or indorsements than those prescribed are to be borne by party using same, unless Court shall otherwise direct (Ord. 2, r. 2).

To bear date on the day on which issued, and to be tested with name of Lord Chancellor, or if that office be vacant, then the name of the Lord Chief Justice (Ord. 2, r. 8).

If plaintiff sues, or the defendant or any of the defendants is sued in a representative capacity, the indorsement shall state in what capacity he sues or is sued (Ord. 3, r. 4).

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WRIT of Summons-continued.

It is decided that if a plaintiff describes himself as "A. B., executor," he may claim in respect of a cause of action in his own right; but if he sue as "A. B. as executor of C. D.," he can only declare for a cause of action accruing to him in that character (Anon., executors, v. Anon., 1 Dowl. 97).

Indorsement of claim to be made on writ before it is issued (Ord. 3, r. 1).

The different kinds of indorsements are as follows:1. Statement of nature of claim, or relief or remedy required.

2. Representative character of plaintiff or defendant.

3. Amount of debt and costs, on payment of which proceedings will be stayed.

4. Special indorsement where plaintiff claims a debt or liquidated demand only (Ord. 3, r. 6).

5. Claim for account (Ord. 3, r. 8; Ord. 15). Not essential to state precise ground of complaint, or precise remedy or relief; but plaintiff may amend so as to extend indorsement to any other cause of action or any additional remedy or relief, by leave of Court or Judge (Ord. 3, r. 2).

(The application to amend should be by summons "to show cause why the writ herein should not be amended by," &c. &c.)

Special Indorsement, in actions where the claim is for a debt or liquidated demand, to state

1. Nature of the claim.

2. Amount of debt and costs.

3. That upon payment of such debt and costs within four days after service further proceedings will be stayed (Ord. 3, r. 7).

WRIT of Summons-continued.

Smith v.

As to what are special indorsements, see
Wilson, 4 C. P. D. 392; 5 C. P. D. 25; Aston v.
Hurwitz, W. N. (1879) 194; Painter v. Wallis, W. N.,
Nov. 5, 1878.

As to indorsements held "not special," see Walker v. Hicks, 3 Q. B. D. 8; Parpaite v. Dickenson, W. N. (1878) 51.

Concurrent Writs. One or more may be issued(a) At the time of issuing original writ (Ord. 6, r. 1).

(b) At any time during twelve months after issue of original writ (Ord. 6, r. 1).

(The months are calendar months.)

To bear teste same day as original writ, and to be marked "concurrent" (Ord. 6, r. 1).

Writ for service within jurisdiction may be issued and marked as a concurrent writ with one for service, or whereof notice is to be given, out of the jurisdiction; and writ for service (or whereof notice is to be given) out of the jurisdiction, may be issued as a concurrent writ with one for service within jurisdiction (Ord. 6, r. 2).

A concurrent writ cannot be issued on a renewed writ after twelve months from the date of the original writ (Coles v. Sherrard, 11 Ex. 482).

Writ for service out of jurisdiction. No writ for service out of jurisdiction, or of which notice is to be given, to be issued without leave of Court or a Judge (Ord. 2, r. 4).

SERVICE of Writ (within the Jurisdiction), Ord. IX.

No service required when defendant, by his solicitor, agrees to accept service and enters appearance (Ord. 9,

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