Précis of an Action at Common Law: Showing at a Glance the Procedure Under the Judicature Acts and Rules in an Action in the Queen's Bench, Common Pleas and Exchequer Divisions of the High Court of Justice |
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Page 6
... tion , or upon any hundred , or the inhabitants of any place , or any society or fellowship , or any body or number of persons , whether corporate or otherwise , every writ may be served in the manner so provided ( Ord . 9 , r . 7 ) ...
... tion , or upon any hundred , or the inhabitants of any place , or any society or fellowship , or any body or number of persons , whether corporate or otherwise , every writ may be served in the manner so provided ( Ord . 9 , r . 7 ) ...
Page 19
... tion- 1. By offering to pay into Court the sum indorsed on the writ . 2. By affidavit ( Ord . 14 , r . 3 ) . Such affidavit is to state whether the defence alleged by him goes to the whole , or part only , and if so to what part of the ...
... tion- 1. By offering to pay into Court the sum indorsed on the writ . 2. By affidavit ( Ord . 14 , r . 3 ) . Such affidavit is to state whether the defence alleged by him goes to the whole , or part only , and if so to what part of the ...
Page 28
... tion of the entire cause of action , to tax his costs , and in case of nonpayment within forty - eight hours to sign judgment for his costs so taxed ( Ord . 30 , r . 4 ) . STATEMENT of Defence . The defendant shall , within such time ...
... tion of the entire cause of action , to tax his costs , and in case of nonpayment within forty - eight hours to sign judgment for his costs so taxed ( Ord . 30 , r . 4 ) . STATEMENT of Defence . The defendant shall , within such time ...
Page 41
... tion or questions in controversy between the parties ( Ord . 27 , r . 1 ) . 2. Without leave . The plaintiff may , without any leave , amend his statement of claim once before the expiration of the time limited for reply , and before re ...
... tion or questions in controversy between the parties ( Ord . 27 , r . 1 ) . 2. Without leave . The plaintiff may , without any leave , amend his statement of claim once before the expiration of the time limited for reply , and before re ...
Page 42
... tion or questions between the parties ( Ord . 27 , r . 1 ) . A Amendment of set - off or counter - claim . defendant who has set up in his defence any set - off or counterclaim may , without any leave , amend such set - off or counter ...
... tion or questions between the parties ( Ord . 27 , r . 1 ) . A Amendment of set - off or counter - claim . defendant who has set up in his defence any set - off or counterclaim may , without any leave , amend such set - off or counter ...
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Precis of an Action at Common Law: Showing at a Glance the Procedure Under ... Herbert E Boyle No preview available - 2016 |
Common terms and phrases
2nd Edition 3rd Edition action Ord admitted affidavit amended application Articled Clerks Author Barrister-at-Law calf cause of action Chancery cloth Common Law Concise concurrent writ containing contract Conveyancing Court or Judge default defendant appears deliver delivery demurrer Digest direct Ord documents entitled Equity evidence Examination Journal expiration Final Examination Fisheries Forms give notice ground of defence High Court infant Inner Temple inspection interrogatories issue of fact JOINDER joinder of issue Judge Ord Judicature Acts Jurisdiction jury Law relating leave Lincoln's Lincoln's Inn London ment Middle Temple motion for judgment notice of trial notice to produce Oke's Magisterial otherwise ordered party Ord plaintiff Post 8vo Practice Probate proceedings R. A. FISHER reference relief reply Royal 8vo rules Second Edition served SERVICE of Writ set-off sewed solicitor specially indorsed statement of claim Statutes STEPHEN thereof Ord tion TREATISE Underhill unless the Court Vict writ of summons
Popular passages
Page 71 - If, on the hearing of such application as in the last preceding rule mentioned, it shall appear to the Court or a Judge that the causes of action are such as cannot all be conveniently disposed of in one action, the Court or a Judge may order any of such causes of action to be excluded...
Page 71 - Claims by or against an executor or administrator as such may be joined with claims by or against him personally, provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator.
Page 38 - ... prejudice, embarrass, or delay the fair trial of the action, and all such amendments shall be made as may be necessary for the purpose of determining the real questions or question in controversy between the parties.
Page 5 - ... writ shall be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited...
Page 64 - of any defendant it shall appear that such joinder may " embarrass or delay the trial of the action, the Court or a " judge may order separate trials or make such other order as " may be expedient. And judgment may be given for such one or " more of the plaintiffs as may be found to be entitled to relief, " for such relief as he or they may be entitled to, without any
Page 51 - Judge shall certify that the Refusal to admit was reasonable ; and no Costs of proving any Document shall be allowed unless such Notice be given, except in Cases where the Omission to give the Notice is in the Opinion of the Master a Saving of Expense.
Page 47 - ... may apply to the Court or Judge to dismiss the action for want of prosecution ; and on the hearing of such application, the Court or a Judge may order the action to be dismissed accordingly, or may make such other order, and on such terms, as to the Court or Judge may seem just.
Page 35 - ... within four days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the documents, or such of them as he does not object to produce, may be inspected at the office of his solicitor, or in the case of bankers...
Page 53 - Any verdict or judgment obtained where one party does not appear at the trial, may be set aside by the Court or a Jndge upon such terms as may seem fit, upon an application made within six days after the trial ; such application may be made either at the assizes or in Middlesex.
Page 60 - Judge may give such leave if the liability be not disputed, or if such liability be disputed, may order that the liability of such person be tried and determined in any manner in which any issue or question in an action may be tried and determined.