The Proceedings in an Action in the Queen's Bench, Common Pleas, and Exchequer Divisions of the High Court of Justice |
From inside the book
Results 1-5 of 25
Page 11
... counter claim for the specific performance of an agreement for a lease is made , it seems the action ought to be transferred to the Chancery Division on a prima facie case for specific performance being made . out . ( Hillman v . Mayhew ...
... counter claim for the specific performance of an agreement for a lease is made , it seems the action ought to be transferred to the Chancery Division on a prima facie case for specific performance being made . out . ( Hillman v . Mayhew ...
Page 28
... claim properly brought forward by them respectively in such cause or matter ; so that , as far as possible , all ... counter - claims ) . CHAPTER VIII . AMENDMENTS AND DECLARATIONS OF LAW MADE BY 28 LAW AND EQUITY TO BE ...
... claim properly brought forward by them respectively in such cause or matter ; so that , as far as possible , all ... counter - claims ) . CHAPTER VIII . AMENDMENTS AND DECLARATIONS OF LAW MADE BY 28 LAW AND EQUITY TO BE ...
Page 44
... counter claim over against the plaintiffs for the said fraud and misrepresentation on the application by the defendants under this rule , to add the N. Company as defendants , the court refused the application . ( Norris v . Beazley ...
... counter claim over against the plaintiffs for the said fraud and misrepresentation on the application by the defendants under this rule , to add the N. Company as defendants , the court refused the application . ( Norris v . Beazley ...
Page 49
... Claims by plaintiff's jointly may be joined with claims by them or any ... claim by him in any other capacity ( O. 17 , r . 3 ) . What causes of action ... counter - claims , see Padwick v . Scott , 45 L. J. Ch . 350 . D PART III ...
... Claims by plaintiff's jointly may be joined with claims by them or any ... claim by him in any other capacity ( O. 17 , r . 3 ) . What causes of action ... counter - claims , see Padwick v . Scott , 45 L. J. Ch . 350 . D PART III ...
Page 58
... claim than a claim on the bill or note can be included in a writ issued under this Act . But , where the defendant obtains leave to appear and does so the plaintiff may include in his statement of claim , with a count on the bill or note , ...
... claim than a claim on the bill or note can be included in a writ issued under this Act . But , where the defendant obtains leave to appear and does so the plaintiff may include in his statement of claim , with a count on the bill or note , ...
Other editions - View all
The Proceedings in an Action in the Queen's Bench, Common Pleas, and ... Samuel Prentice No preview available - 2016 |
The Proceedings in an Action in the Queen's Bench, Common Pleas, and ... Samuel Prentice No preview available - 2017 |
The Proceedings in an Action in the Queen's Bench, Common Pleas, and ... Samuel Prentice No preview available - 2017 |
Common terms and phrases
affidavit alleged amended application appointed arbitrator assize town award bankruptcy C. L. P. Act cause of action cause or matter CHAP commenced Common Law Procedure Common Pleas concurrent writ copy costs counter-claim County Court Court of Appeal Court of Chancery court of equity Court of Justice court or judge damages debt debtor default defendant defendant's delivered demurrer directed district registry Division divisional court documents enforced entered entitled equity Exchequer execution fieri facias given High Court indorsed issue judgment Judicature Acts jurisdiction jury L. J. Ch Law Procedure Act leave liable Lord Chancellor manner ment motion notice of trial obtained party payment person plaintiff plaintiff's claim pleading proceedings proper officer Queen's Bench question recover reference registrar replevin respect rule of court sheriff solicitor statement of claim statement of defence sued suit superior courts thereto tion tried verdict Vict witnesses writ of summons
Popular passages
Page 136 - Comparison of a disputed Writing with any Writing proved to the Satisfaction of the Court to be genuine shall be permitted to be made by Witnesses ; and such Writings, and the Evidence of Witnesses respecting the same, may be submitted to the Court and Jury as Evidence of the Genuineness, or otherwise, of the Writing in dispute.
Page 278 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 28 - Act(j-), any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action...
Page 28 - A mandamus or an injunction may be granted or a receiver appointed by an interlocutory Order of the Court in all cases in which it shall appear to the court to be just or convenient that such order should be made...
Page 40 - ... in the same manner and to the same extent as the executors or administrators in suits concerning personal estate represent the persons beneficially interested in such personal estate; and in such cases it shall not be necessary to make the persons beneficially interested in such...
Page 163 - ... shall be employed to issue the writ, then it shall be indorsed with a memorandum expressing that the same has been sued out by the plaintiff...
Page 32 - Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any of the...
Page 29 - Court shall think fit, whether the person against whom such injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title ; and whether the estates claimed by both or either of the parties are legal or equitable.
Page 73 - Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side, unless the same has first been specifically denied...
Page 257 - Memorandum to be subscribed on the writ. NB— This writ is to be served within (twelve) calendar months from the date thereof, or, if renewed, from the date of such renewal, including the day of such date, and not afterwards. The defendant [or defendants] may appear hereto by entering an appearance [or appearances] either personally or by solicitor at the [ ] office at Indorsements to be made on the writ before issue thereof.