The Digest of English Case Law Containing the Reported Decisions of the Superior Courts: And a Selection from Those of the Irish Courts [from 1557] to the End of 1897, Volume 11Sweet and Maxwell, 1898 |
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Common terms and phrases
16 Vict affidavit afterwards alleged allowed amend amount appear application assigned attorney Beav bill of review breach brought cause of action chambers Chancery Division consent contract counsel court refused creditors damages dant debt declaration decree default defendant defendant's delivered directed discharged dismissed entered entitled evidence executors fact formâ pauperis fund in court give security given granted ground hearing Held injunction interest irregularity issue judge judgment Judicature Act jurisdiction leave liability matter ment money into court mortgage nisi notice of motion notice of trial nunc pro tunc obtained an order paid into court particulars payment person petition plaintiff plea pleaded Queen's Bench Division question recover rehearing rule Scott N.R. security for costs served shew solicitor special jury specially indorsed statement of claim stay proceedings stop-order sued sufficient suit taken testator tiff tion trustees verdict writ of summons
Popular passages
Page 57 - ... who ought to have been joined, or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.
Page 703 - ... as to costs only, which by law are left to the discretion of the court.
Page 845 - In all actions arising under the laws respecting copyrights the defendant may plead the general issue, and give the special matter in evidence.
Page 469 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Page 177 - The action is for the administration of the personal estate of any deceased person, who at the time of his death was domiciled within the jurisdiction, or for the execution (as to property situate within the jurisdiction) of the trusts of any written instrument, of which the person to be served is a trustee, which ought to be executed according to the law of England...
Page 573 - By the interlocutory decree it was referred to the master, to take an account of the sums...
Page 15 - No action, suit, or information, or any other proceeding, of what nature soever, shall be brought against any person for anything done or omitted to be done...
Page 239 - The action is founded on any breach or alleged breach within the jurisdiction of any contract wherever made, which, according to the terms thereof, ought to be performed within the jurisdiction...
Page 811 - Court or a judge shall have power to enlarge or abridge the time appointed by these rules, or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed.
Page 487 - ... and the costs of the reference and award to be in the discretion of the arbitrator.