Reports of Cases Argued and Determined in the Queen's Bench Practice Court: With the Points of Pleading and Practice Decided in the Courts of Common Pleas and Exchequer; from Easter Term, 1843 to [Michaelmas Term, 1849], Part 145, Volume 1S. Sweet, 1845 - Civil procedure |
From inside the book
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Page 1
... proceedings in this action should not be stayed , upon payment of all costs in the suit , up to the date of the second fiat in bank- ruptcy issued against the plaintiff , and why the taxation of costs should not be stayed on the present ...
... proceedings in this action should not be stayed , upon payment of all costs in the suit , up to the date of the second fiat in bank- ruptcy issued against the plaintiff , and why the taxation of costs should not be stayed on the present ...
Page 5
... proceedings in the action had been regular , but it was contended , that after that time the proceedings had been unauthorized . The right of Mr. Gibson as assignee , re- lated back to the date of the fiat , and the Court would not ...
... proceedings in the action had been regular , but it was contended , that after that time the proceedings had been unauthorized . The right of Mr. Gibson as assignee , re- lated back to the date of the fiat , and the Court would not ...
Page 6
... proceedings in the action against the defendant Gibson , notwithstanding which notice , the at- torney afterwards , on the 8th of July , 1842 , entered an incipitur of the judgment in the master's book , and gave notice of taxing the ...
... proceedings in the action against the defendant Gibson , notwithstanding which notice , the at- torney afterwards , on the 8th of July , 1842 , entered an incipitur of the judgment in the master's book , and gave notice of taxing the ...
Page 7
... proceeding in the action , and , therefore , that he was by law entitled to his writ of audita querela , and consequently to the more summary relief which modern practice had substituted , by staying the proceedings on motion , in all ...
... proceeding in the action , and , therefore , that he was by law entitled to his writ of audita querela , and consequently to the more summary relief which modern practice had substituted , by staying the proceedings on motion , in all ...
Page 8
... proceedings in the action being now vested in the assignees , unless the attorney could compel them to proceed to ... proceeding to judgment and execution for the 1000l . for the benefit of the estate , the attorney might be enabled to ...
... proceedings in the action being now vested in the assignees , unless the attorney could compel them to proceed to ... proceeding to judgment and execution for the 1000l . for the benefit of the estate , the attorney might be enabled to ...
Other editions - View all
Reports of Cases Argued and Determined in the Queen's Bench ..., Volume 6 Great Britain Court of Exchequer No preview available - 2015 |
Reports of Cases Argued and Determined in the Queen's Bench ..., Volume 6 Great Britain Court of Exchequer No preview available - 2015 |
Common terms and phrases
act of bankruptcy action affidavit aforesaid alleged allocatur amend amount appeared application arbitrator arrest assignees assumpsit attorney authority averment award bankrupt bankruptcy bill brought CARTWORTH commencement committed contract costs Court creditor custody damages debt defendant defendant pleaded defendant's delivered demurrer detinue Dowl entered entitled evidence execution fact fendant fiat fieri facias given granted ground held Hilary Term indorsed issue judgment jurisdiction jury justices letters patent liable Lord Abinger Lord Denman matter ment motion nonsuit notice objection paid Parke party Patteson payment person plaintiff plea premises present proceedings public officer question recovered referred refused REGINA replication respect Rule absolute Rule discharged rule nisi scire facias Serjt sheriff shewed cause signed statute sued sufficient suit taken Term thereof Tindal traverse trespass trial trover verdict Vict voir dire warrant of attorney WIGHTMAN writ writ of summons
Popular passages
Page 298 - ... the defendant or defendants in such issue"1 action or suit, shall and may plead the general issue, and give this act, and the special matter, in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this act...
Page 423 - that no creditor having security for his debt, or having made any attachment in London, or any other place, by virtue of any custom there used, of the goods and chattels of the bankrupt, shall receive upon any such security or attachment more than a rateable part of such debt, except in respect of any execution or extent served and levied by seizure upon, or any mortgage of or lien upon any part of the property of such bankrupt before the bankruptcy...
Page 1000 - ... unless the judge or presiding officer before whom such verdict shall be obtained shall immediately afterwards certify on the back of the record, or on the writ of trial or writ of inquiry, that the action was really brought to try a right besides the mere right to recover damages for the trespass or grievance for which the action shall have been brought, or that the trespass or grievance in respect of which the action was brought was wilful and malicious.
Page 408 - And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.
Page 450 - AB, as for his costs and charges by him about his suit in that behalf expended...
Page 414 - ... court, as well the party issuing such process, as the party making such claim ; and thereupon to exercise, for the adjustment of such...
Page 482 - NOW THESE PRESENTS WITNESS and it is hereby agreed and declared by and between the parties hereto as follows: Art.
Page 456 - ... lawful for every such registered proprietor to assign his interest, or any portion of his interest therein, by making entry in the said book of registry of such assignment, and of the name and place of abode of the assignee thereof...
Page 200 - ... that no sufficient distress was to be found on the demised premises countervailing the arrears then due, and that the lessor had power to re-enter...
Page 718 - Majesty's Superior Courts of Record ; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there is a good and valid conviction to sustain the same.