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The Judicature Act and Rules, 1881: And Other Statutes and Orders Relating ...
Thomas Wardlaw Taylor
Sin vista previa disponible - 2018
action affidavit alleged allowed amend amount answer appeal application appointed authority Beav bill brought cause Chambers claim commencement Common Law Company contract copy costs counter-claim County Court of Chancery Court of Justice damages debt decree defendant delivered direct Division effect entered entitled Equity evidence examination execution fact filed further give given granted ground hearing held High Court indorsed infant interest issue Judge judgment jurisdiction land leave limited manner matter motion necessary notes notice obtained officer Ontario otherwise paid party payment person plaintiff pleading possession practice proceedings proper question reason received reference refused relief respect Rule separate served signed sittings solicitor statement Statute sufficient suit taken thereof trial tried trustee unless writ writ of summons
Página 37 - ... to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties.
Página 48 - ... same, and the power to give a good discharge for the same, without the concurrence of the assignor: 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...
Página 275 - It shall be lawful for the court or a judge at any time during the pendency of any cause or matter, to order the production by any party thereto, upon oath, of such of the documents in his possession or power...
Página 319 - ... unless in the opinion of the court to which the application is made some substantial wrong or miscarriage has been thereby occasioned in the trial...
Página 82 - 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.
Página 131 - Generally in all matters not herein-before particularly mentioned, in which there is any conflict or variance between the Rules of Equity and the Rules of the Common Law with reference to the same matter, the rules of Equity shall prevail.
Página 176 - 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.
Página 141 - Where the time for doing any act or taking any proceeding expires on a Sunday, or other day on which the offices are closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall, so far as regards the time of doing or taking the same, be held to be duly done or taken, if done or taken on the day on which the offices shall next be open.