Hints on Practice; Or, Practical Notes on the Judicature Acts, Orders, Rules and Regulations of the Supreme Court: Illustrated by the Latest Cases, Together with The Rules of the Supreme Court, 1883, with an Introduction, References, Notes ...
Stevens, 1883 - 786 sider
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action affidavit alleged allowed amend amount answer appear application appointed attend bill brought cause or matter chambers Chancery claim contract copy costs counsel counterclaim course Court Court of Appeal Court of Justice damages debt debtor default defendant delivered direct District Division documents effect endorsed entered entitled evidence examination execution fact filed Form further give given ground Heading hearing High Court instance interest issue judge judgment land leave liable London manner ment motion necessary notice object obtained officer otherwise paid particulars party payment person plaintiff plaintiff's claim pleading possession practice proceed proceedings produce proper question reason receiver reference refused Registry respect Rules says served Signed solicitor statement sufficient summons taken thereof third party tion trial tried trustee unless witnesses writ
Side 100 - Court or a 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 where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense.
Side 184 - To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity ; or (c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Side 311 - ... hour, to admit that such of the said documents as are specified to be originals were respectively •written, signed, or executed as they purport respectively to have been ; that such as are specified as copies are true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively ; saving all just exceptions to the admissibility of all such documents as evidence in this cause.
Side 61 - A defendant in an action may set off, or set up, by way of counter-claim against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not...
Side 291 - NB — This writ is to be served within twelve calendar months from the date thereof, or, if renewed, within six calendar months from the date of the last 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 Central Office, Royal Courts of Justice, London.
Side 16 - In all actions where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising (A.) upon a contract, express or implied...
Side 64 - The defendant or plaintiff (as the case may be) must raise by his pleading all matters which show the action or counter-claim not to be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence or reply, as the case may be, as if not raised would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the preceding pleadings, as for instance, fraud, Statute of Limitations, release, payment, performance,...
Side 7 - Wharton's Law Lexicon. — Forming an Epitome of the Law of England, and containing full Explanations of the Technical Terms and Phrases thereof, both Ancient and Modern ; including the various Legal Terms used in Commercial Business. Together with a Translation of the Latin Law Maxims and selected Titles from the Civil, Scotch and Indian Law.
Side 132 - ... colony, island, plantation, or place respectively, or before any of her Majesty's consuls or vice-consuls in any foreign parts out of her Majesty's dominions; and the judges and other officers of the High Court shall take judicial notice of the seal or signature, as the case may be...
Side 62 - Every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved, and shall, when necessary, be divided into paragraphs, numbered consecutively.