A Selection of Precedents of Pleading Under the Judicature Acts in the Queen's Bench and Chancery Divisions: With Notes Explanatory of the Different Causes of Action and Grounds of Defence : and an Introductory Treatise on the Present Rules and Principles of Pleading as Illustrated by the Various Decisions Down to the Present Time |
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Page 4
... evidence , and the defendant appealed . No question was raised by the defendant's counsel either before the Queen's Bench or the Court of Appeal as to the right of the eight plaintiffs to sue together ; but during the argument in the ...
... evidence , and the defendant appealed . No question was raised by the defendant's counsel either before the Queen's Bench or the Court of Appeal as to the right of the eight plaintiffs to sue together ; but during the argument in the ...
Page 29
... evidence by which they ( that is , those material facts , ) are to be proved . The distinction is taken in the very rule itself between the facts on which the party relies , and the evidence to prove those facts . Erle , C. J. ...
... evidence by which they ( that is , those material facts , ) are to be proved . The distinction is taken in the very rule itself between the facts on which the party relies , and the evidence to prove those facts . Erle , C. J. ...
Page 30
... evidence by which he came to find those facts . Now such facts as would be stated in a special case to support or meet the claim are precisely the facts which are to be stated under the new system . It seems to me that there is another ...
... evidence by which he came to find those facts . Now such facts as would be stated in a special case to support or meet the claim are precisely the facts which are to be stated under the new system . It seems to me that there is another ...
Page 35
... evidence by which they are to be proved . ' The matters pleaded here are concisely stated and there is not a statement of the evidence by which the cause of action is to be proved , either as regards the promise or the breach . If the ...
... evidence by which they are to be proved . ' The matters pleaded here are concisely stated and there is not a statement of the evidence by which the cause of action is to be proved , either as regards the promise or the breach . If the ...
Page 38
... Evidence must not be pleaded . struck out as being within the grounds stated in rule 1 of Order XXVII . ” It seems ... evidence by which they are to be proved . " ( Order XIX . r . 4. ) This rule , for- bidding the pleading of evidence ...
... Evidence must not be pleaded . struck out as being within the grounds stated in rule 1 of Order XXVII . ” It seems ... evidence by which they are to be proved . " ( Order XIX . r . 4. ) This rule , for- bidding the pleading of evidence ...
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Common terms and phrases
accept accord and satisfaction administration agent agreed agreement alleged amount apply assigned aver bill breach cause of action charge charter-party common law contract costs covenant creditor dated debt debtor deceased deed defendant A. B. defendant says defendant's delivered demised easement entitled execution executor facts fraudulent held indorsement injury interest joinder of issue judge judgment Judicature Acts L. J. Ch L. J. Ex land landlord lease liable libel loss matter ment mortgage negligence Northern Rail notice nuisance Order XIX owner paid paragraph party payment plaintiff claims plaintiff has suffered plaintiff joins issue pleading possession premises purchase Q. B. Div Rail recover refused rent reply rule sect ship Smith solicitor special damage statement of claim statement of defence Statute of Frauds Statute of Limitations sued suffered damage sufficient supra tenant testator thereof tion trespass trustee unless Vict writ
Popular passages
Page 231 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 168 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Page 17 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative. And judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment.
Page 9 - ... to the intent that in such action the question as to which, if any, of the defendants, is liable, and to what extent, may be determined as between all parties to the action.
Page 14 - ... 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 217 - Provided always, that if the debtor, trustee, or other person liable in respect of such debt or chose in action shall have had notice that such assignment is disputed by the assignor or any one claiming under him, or of any other opposing or conflicting claims to such debt or chose in action, he shall be entitled, if he think fit, to call upon the several persons making claim thereto to interplead concerning the same, or he may, if he think fit, pay the same into the High Court of Justice under and...
Page 217 - Act had not passed), to pass and transfer the legal right to such debt or chose in action from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same, without the concurrence of the assignor...
Page 487 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 449 - The advance of money by way of loan to a person engaged or about to engage in any business on a contract with that person that the lender shall receive a rate of interest varying with the profits...
Page 603 - The Court or a judge may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court or a judge to be just, order that the names of any parties...