 Practice" in its larger sense — the sense in which it was obviously used in that Act, like ' ' procedure ' ' which is used in the Judicature Acts, denotes the mode of proceeding by which a legal right is enforced, as distinguished from the law which...  The Elements of Jurisprudence - Page 355by Thomas Erskine Holland - 1917 - 454 pagesFull view - About this book
 | Law - 1896 - 866 pages
...substantive law.'' Procedure has been judicially defined in the Queen's Bench to include the methods by which a legal right is enforced, as distinguished from the law which governs or defines the right which the court is to enforce, the machinery as distinguished from the... | |
 | Law reports, digests, etc - 1881 - 846 pages
...defines the right VOL. 50.] QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER. Poyser v. Minors (App.), QB and which by means of the proceeding the Court is...administer — the machinery as distinguished from its product. " Practice " and " procedure," as applied to this subject, I take to be convertible terms.... | |
 | Canada - 1882 - 730 pages
...Authorities are cited showing the manifest distinction between law and practice. " Practice " denotes the mode of proceeding by which a legal right is enforced as distinguished from the law which gives the rights, the machinery as distinguished from the product. " The orders and rules under the Judicature... | |
 | Thomas Erskine Holland - Jurisprudence - 1886 - 402 pages
...till the passing of the Common Law Procedure Acts, unfamiliar in English law. It is said by Lush, LJ, to denote, like ' Practice,' in its larger sense,...from the product.' Poyser v. Minors, LR 7 QBD 329, p. 555. Procedure is by many German writers very inappropriately called ' formal law.' it announces... | |
 | Law reports, digests, etc - 1891 - 932 pages
...unless otherwise provided by statute. The term " practice," in its larger sense, is defined to be " the mode of proceeding by which a legal right is enforced, as distinguished from the law which gives or declares the right." Anderson. Law Diet. The rules of practice in other actions, applicable to actions... | |
 | Victoria, Alan Skinner - Court rules - 1891 - 448 pages
...Supreme Court by the Judicature Act. "Practice" and "Procedure," are convertible terms, and denote the mode of proceeding by which a legal right is enforced as distinguished from the substantive law which gives or defines the right (Poyaer v. Minors, 1 QBD at pp. 333, 335, 388). For... | |
 | John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - Law - 1892 - 1218 pages
...Butler v. Young, i Flip. (US) 279; Bowliesi-. Brier, 87 Ind. 395. Practice, in the larger sense, is the mode of proceeding by which a legal right is enforced, as distinguished from the law which gives or declares the right, sometimes convertible with procedure. Payson i<. Minors, LR, 7 Q. 'B. Div. 333.... | |
 | Maryland State Bar Association - 1909 - 448 pages
...has never been more clearly defined than by Lord Justice Lush. It is, he says in one of his opinions, "the mode of proceeding by which a legal right is...administer ; — the machinery, as distinguished from its product.9 The main purpose of the clause of Magna Charta which we have under consideration (Chap.... | |
 | Frederick Pollock - Jurisprudence - 1896 - 396 pages
...scot-free than that condemnation and punishment should seem 1 Procedure lias been judicially described as "the mode of proceeding by which a legal right is...and which by means of the proceeding the Court is to administer,—the machinery as distinguished from its product:" Lush LJ in Poyscr v. Minors (1881),... | |
 | James Bicknell, Edwin Ernest Seager - Court rules - 1898 - 632 pages
...rights may be enforced or extinguished may be dealt with. The word " practice" in the section, "denotes the mode of proceeding by which a legal right is enforced,...to administer the machinery as distinguished from its product," /icr Lush, LJ, Poyser v. Minors, 7 QBD at p. 338. The board would have full power to... | |
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