 | 1896 - 866 páginas
...claim whether sounding in damages or not. and such counterclaim shall have the same effect as a cross action, so as to enable the court, to pronounce a...action, both on the original and on the cross claim. This is a salutary rule and one which prevents the injustice permitted by our absurd rule that a counterclaim... | |
 | Great Britain, Thomas Preston - 1873 - 244 páginas
...not, and snch set-off or counter-claim shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce a final...in the same action, both on the original and on the cross-claim. But the Court or a Judge may, on the application of the plaintiff before trial, if in... | |
 | 1883 - 682 páginas
...counterclaim shall have the same effect as a statement of claim in t cross- action, so as to enable the coon to pronounce a final judgment in the same action. both on the original and on the cross-claim.' And Order XXII., r. 10, says : " Where in anj action a set-off or counter-claim is established... | |
 | Henry John Stephen - 1874 - 726 páginas
...that it is not eeery aetion the by statute, see Edwards r. Hodges, as a statement of claim in a cross action, so as to enable the court to pronounce a final...action, both on the original and on the cross claim; and where the set-off or counter-claim is established, the court may, if the balance be in favour of... | |
 | Wynne E. Baxter - 1874 - 452 páginas
...claim shall have the same effect as a statement of claim in a cross action, so as to enable the Ct. to pronounce a final judgment in the same action both on the original and on the cross claim, RP 20, p. 72. every deft, to any action need not be interested (a) as to all the relicf thereby praved... | |
 | William Downes Griffith - 1875 - 700 páginas
...not, and such set-off or counter-claim shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce a final...the Court or a Judge' may, on the application of the Court may replaintiff before trial, if in the opinion of the Court or Judge [me, pe»»isf "l r, ,.... | |
 | Sir William Thomas Charley - 1875 - 754 páginas
...not, and such set-off or ci,i:nter-alaim shall have th,' same efeet as a statement of claim in a cross action, so as to enable the Court to pronounce a final...original and on the cross claim. But the Court or » Judge may, on the application of the plaintiff before trial, if in the opinion of tht Court or Judge... | |
 | John Indermaur - 1876 - 530 páginas
...not, and such set-off or counter-claim shall have the same effect as a statement of claim in a cross action, so as to enable the court to pronounce a final...application of the plaintiff before trial, if in the (r) Brown's Law Diet. 328. (d) See hereon generally, Chitty on Contracts, 772-791. (c) See Snell's... | |
 | 1876 - 516 páginas
...XL., rule 11. The 3rd rule permits a defendant to set-off, by way of counterclaim, any right or claim, so as to enable the court to pronounce a final judgment...action, both on the original and on the cross claim. Where a solicitor took a mortgage of building property from his client, a builder, to secure money... | |
 | William Blackstone - 1877 - 640 páginas
...damages or not ; and such set-off or counter-claim has the same effect as a statement of claim in a cross action, so as to enable the court to pronounce a final...action, both on the original and on the cross claim. If the defendant's answer on the merits be neither a set-off nor a counter- claim, he must state some... | |
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... so as to enable the court to pronounce a final judgment in the same action both on the original and on the cross-claim (z). 
