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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Results 1-5 of 76
Page 2
... respect of a joint cause of action . But the rule goes further : All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged to exist , whether jointly , severally , or in the alternative . " These words ...
... respect of a joint cause of action . But the rule goes further : All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged to exist , whether jointly , severally , or in the alternative . " These words ...
Page 6
... respect of distinct subject- matters of action , neither can several defendants be sued together in respect of distinct subject - matters ; and the result of the combined operation of rules 1 and 4 on the right of joining plaintiffs ...
... respect of distinct subject- matters of action , neither can several defendants be sued together in respect of distinct subject - matters ; and the result of the combined operation of rules 1 and 4 on the right of joining plaintiffs ...
Page 23
... respect of a debt or liquidated demand only ; or ( e ) , on a trust ; or 2. Where , as landlord of a premises , the plaintiff claims possession against a tenant , or a person holding under a tenant , when the term has expired or been ...
... respect of a debt or liquidated demand only ; or ( e ) , on a trust ; or 2. Where , as landlord of a premises , the plaintiff claims possession against a tenant , or a person holding under a tenant , when the term has expired or been ...
Page 25
... respect of mesne profits or arrears of rent or double value in respect of the premises claimed or any part thereof ; ( b ) damages for breach of any contract under which the same or any part thereof are held ; or ( c ) damages for any ...
... respect of mesne profits or arrears of rent or double value in respect of the premises claimed or any part thereof ; ( b ) damages for breach of any contract under which the same or any part thereof are held ; or ( c ) damages for any ...
Page 52
... respect of which he by his claim sought relief , and that the statement of claim should be amended accordingly . The learned judge being of opinion that the statement of claim disclosed two totally inconsistent states of facts , and two ...
... respect of which he by his claim sought relief , and that the statement of claim should be amended accordingly . The learned judge being of opinion that the statement of claim disclosed two totally inconsistent states of facts , and two ...
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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...