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 22
... reply other than a joinder of issue shall be pleaded without leave of the Court or a judge , and then shall be pleaded only upon such terms as the Court or a judge shall think fit . " Order XXIII . r . 2. The names given to the various ...
... reply other than a joinder of issue shall be pleaded without leave of the Court or a judge , and then shall be pleaded only upon such terms as the Court or a judge shall think fit . " Order XXIII . r . 2. The names given to the various ...
Page 47
... reply might be set aside as erroneous in form ; and Bacon , V.-C. , acceded to the application on the ground that all the facts stated in the reply should have appeared in the state- ment of claim either originally or by amendment ...
... reply might be set aside as erroneous in form ; and Bacon , V.-C. , acceded to the application on the ground that all the facts stated in the reply should have appeared in the state- ment of claim either originally or by amendment ...
Page 48
... reply to them . I am of opinion that , independently of the forms given in the schedule to the orders , in the plain meaning of the rule , the reply is the proper place for meeting the defence by confession and avoidance , and that this ...
... reply to them . I am of opinion that , independently of the forms given in the schedule to the orders , in the plain meaning of the rule , the reply is the proper place for meeting the defence by confession and avoidance , and that this ...
Page 49
... reply were put into the statement of claim , and certainly the 2nd rule does not require that it should be . I cannot help Claim thinking that it would be a mischievous thing to anticipate a anticipate defence that may never be made ...
... reply were put into the statement of claim , and certainly the 2nd rule does not require that it should be . I cannot help Claim thinking that it would be a mischievous thing to anticipate a anticipate defence that may never be made ...
Page 77
... reply , as the case may be , on the ground that it discloses no cause of action or defence . Order XXV . describes the proceedings in lieu of demurrer . Rule 1 forbids demurrers for the future , and , by rule 2 , " Any party shall be ...
... reply , as the case may be , on the ground that it discloses no cause of action or defence . Order XXV . describes the proceedings in lieu of demurrer . Rule 1 forbids demurrers for the future , and , by rule 2 , " Any party shall be ...
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Common terms and phrases
accepted administration agent agreed agreement alleged amount apply assignment aver bankrupt bankruptcy bill of lading breach carrier cause of action charge charter-party cheque common carrier contract covenant creditor dated debt debtor deceased default defendant C. D. defendant says defendant's delivered denial Detinue dishonour drawer duly easement entitled execution executor facts held indorsed injury interest joinder of issue judge judgment Judicature Acts L. J. Ch L. J. Ex land lease liable libel London loss matter ment mortgage negligence Northern Rail notice Order XIX owner paid paragraph party payable payment plaintiff claims plaintiff has suffered plaintiff joins issue pleading premises Q. B. Div recover refused relies rent reply rule sect ship Smith solicitor special damage statement of claim statement of defence Statute of Frauds Statute of Limitations sued suffered damage tenant thereof tion trustee unless Western Rail 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...