The Law and Practice of the Courts of the United Kingdom: Relating to Foreign Judgments and Parties Out of the Jurisdiction, to which are Added Chapters on the Laws of the British Colonies, European and Asiatic Nations, and the States and Republics of AmericaW. Clowes and Sons, 1884 - 626 pages |
Contents
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xliii | |
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Other editions - View all
The Law and Practice of the Courts of the United Kingdom Relating to Foreign ... Francis Taylor Piggot No preview available - 2018 |
The Law and Practice of the Courts of the United Kingdom Relating to Foreign ... Francis Taylor Piggot No preview available - 2015 |
Common terms and phrases
abroad absent defendant according adjudication administration affidavit agent appear application appointed assignees bankruptcy British subjects Castrique cause of action certificate Chapter XII Civil Procedure Code of Civil colony Comity Concurrent writs considered contract copy Court of Appeal Court of Session creditor debt debtor decision declared decree divorce doctrine domicil effect enforce England English court English law evidence execution executor foreign country foreign court foreign judgment foreign law France French given grant held injunction Ireland Island issue judge judgment in rem Judicature Act jurisdiction justice Kingdom lex domicilii lex fori lex loci contractus lis alibi pendens Lord marriage matter ment notice obligation obtained Order XI parties person personam plaintiff plea principle probate proceedings pronounced PROOF OF FOREIGN question recognised res judicata resident respect restrain rule sanction Scotch Scotland security for costs sentence served SERVICE ON ABSENT statute tion treaty writ of summons
Popular passages
Page 521 - Where the person on whom service is to be made resides out of the state ; or has departed from the state ; or cannot, after due diligence, be found within the state ; or conceals himself to avoid the service of summons...
Page 90 - By f 2, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any court of justice, or before any person having by law, or by consent of parties, authority to hear, receive and examine evidence...
Page 519 - ... a commissioner, upon a conveyance to be recorded within the state. The certificate of the commissioner, thus authenticated, is presumptive...
Page 179 - Orders 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 upon a contract, express or implied...
Page 518 - State ; or, if he is a natural person and a resident of the State, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent ; or...
Page 217 - Ireland, if it shall appear to the court or judge that there may be a concurrent remedy in Scotland or Ireland as the case may be, the court or judge shall have regard to the comparative cost and convenience of proceeding in England or in the place of residence of the defendant or person sought to be served, and particularly in cases of small demands to the powers and jurisdiction, under the statutes establishing or regulating them, of the sheriffs' courts or small debts courts in Scotland and of...
Page 376 - No Court shall try any suit or issue ; " "' in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties...
Page 364 - Registrar, together with a certified Copy of the Interlocutor of the Commissary finding that such deceased Person died domiciled in Scotland, such Confirmation shall be sealed with the Seal of the said Court, and returned to the Person producing the same, and shall thereafter have the like Force and Effect in England as if a Probate or Letters of Administration, as the Case may be, had been granted by the said Court of Probate.
Page 223 - ... the defendant to appear being reasonable, and to the other circumstances of the case : provided always, that the plaintiff shall and he is hereby required to prove the amount of the debt or damages claimed by him in such action, either before a jury upon a writ of inquiry, or before...
Page 522 - When a cause of action has arisen in another state, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this state, except in favor of one who has been a citizen of this state, and who has held the cause of action from the time it accrued.