The New System of Practice and Pleading Under the Supreme Court of Judicature Acts, 1873 & 1875Waterlow and Sons, 1875 - 718 pages |
Contents
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Common terms and phrases
action affidavit aforesaid Amending Act application appointed assigned Bill cause or matter Chambers Chancery Division clause Clerks commencement Common Law Procedure Common Pleas costs Court drawn Court of Admiralty Court of Appeal Court of Chancery Court of Equity Court of Judicature Court of Justice Court of Probate Court of Queen's Court or Judge Courts of Common debt defendant District Registrar Divisional Court enacted entitled Equity Exchequer filed High Court indorsed infra issue judgment Judicature Act Judicature Commission jurisdiction jury Law Procedure Act Lord Chancellor Lord Chief Justice Lord Selborne Lords Justices Majesty manner ment motion notice ordinary Judges party person plaintiff plaintiff's claim pleading present Act present Rule present section Principal Act proceedings Queen's Bench reference Registry repealed respectively Rule is copied Rules of Court sitting solicitor statement of claim Superior Courts supra Supreme Court thereto transferred trial Vict writ of summons
Popular passages
Page 211 - I, AB, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law. So help me God!
Page 41 - 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 451 - Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.
Page 30 - ... relief relating to or connected with the original subject of the cause or matter, and in like manner claimed against any other person, whether already a party to the same cause or matter or not, who shall have been duly served with notice in writing of such claim pursuant to any...
Page 39 - ... and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being under the Law of Bankruptcy with respect to the estates of persons adjudged bankrupt ; and all persons who in any such case would be entitled to prove for and receive dividends out of the...
Page 507 - 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 183 - Every party to a cause or matter shall be entitled, at any time, by notice in. writing to give notice to any other party in whose pleadings or affidavits reference is made to any document, to produce such document for the inspection of the party giving such notice, or of his solicitor, and to permit him or theui to take copies thereof...
Page 566 - ... were respectively written, signed, or executed as they purport respectively to have been ; that such as are specified as copies are true copies ; and...
Page 478 - ... the party alleging himself to be entitled to execution may apply to the Court or a judge for leave to issue execution accordingly. And such Court or judge may, if satisfied that the party so applying is entitled to issue execution, make an order to that effect, or may order that any issue or question necessary to determine the rights of the parties, shall be tried in any of the ways in which any question in an action may be tried.
Page 412 - It shall be lawful for the court or a judge at any time during the pendency of any cause or matter, to order the production by any party thereto, upon oath, of such of the documents in his possession or power...