The Practice at the Judges' Chambers, Queen's Bench, Common Pleas, & Exchequer Divisions, and in the District Registries, Under the Supreme Court of Judicature Acts of 1873, 1875; and Other Statutes: With an Appendix of the Judicature Acts, and the Rules and Orders to June, 1876H. Sweet, 1876 - 289 sider |
Andre utgaver - Vis alle
The Practice at the Judges' Chambers, Queen's Bench, Common Pleas ... William E Coe Ingen forhåndsvisning tilgjengelig - 2016 |
Vanlige uttrykk og setninger
37 Vict Admiralty affidavit aforesaid alleged allowed amended appear Appendix application assigned cause of action cause or matter causes and matters chambers commencement Common Pleas concurrent writ consent copy costs counter-claim county court Court of Appeal Court of Chancery Court of Justice court or judge debt default defendant defendant's delivered demurrer direct district registry division divisional court documents entered entitled equity Exchequer execution expiration fees filed garnishee give notice given High Court indorsed interpleader interrogatories issue judge thereof judgment debtor Judicature Act jurisdiction last preceding rule leave liable lord chancellor manner ment motion notice of trial payment person plaintiff plaintiff's claim pleading Probate proceedings proper officer Queen's Bench question reference registrar respect rules of court served sheriff show cause sitting solicitor statement of claim superior court Supreme Court taxing officer therein thereto think fit tion transfer writ of summons
Populære avsnitt
Side ix - by the High Court of Justice or any judge thereof, by the consent of parties, or as to costs only, which by law are left to the discretion of the court, shall be subject to any appeal, except by leave of the court or judge making such order.
Side 36 - and a writ of summons so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited, and for all other purposes, from the date of the issuing of the original writ of summons.
Side 180 - with the rules in force in the courts of common law, shall prevail. (11.) Generally in all matters not hereinbefore particularly mentioned, in which there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail. PART III. Sittings and Distribution of Business. 26.
Side 177 - whose assets may prove to be insufficient for the payment of its debts and liabilities and the costs of winding up, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to
Side 194 - 15. It shall be lawful for her Majesty from time to time, by order in council, to direct that the enactments relating to appeals from county courts shall apply to any other inferior court of record; and those enactments, subject to any exceptions, conditions and limitations contained in the order, shall apply accordingly, as from the date mentioned in the order.
Side 135 - if the garnishee disputes his liability, the court or judge, instead of making an order that execution shall issue, may order that any issue or question necessary for determining his liability be tried or determined in any manner in which any issue or question in an action may be tried or determined.
Side 242 - rules hitherto acted upon in courts of equity : Provided, that where any action or issue is tried by a jury, the costs shall follow the event, unless upon application made at the trial for good cause shown the judge before whom such action or issue is tried or the court shall otherwise order. 2.
Side 229 - 20. Any verdict or judgment obtained where one party does not appear at the trial, may be set aside by the court or a judge 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. 22.
Side 202 - 8. Every writ of summons and also every other writ shall bear date on the day on which the same shall be issued, and shall be tested in the name of the lord chancellor, or if the office of lord chancellor shall be vacant, in the name of the lord chief justice of England. ORDER III. INDORSEMENTS OF
Side 54 - Ord. XVI. r. 2.] Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff or plaintiffs, the court or a judge may, if satisfied that it has been so commenced through a