Précis of an Action at Common Law: Showing at a Glance the Procedure Under the Judicature Acts and Rules in an Action in the Queen's Bench, Common Pleas and Exchequer Divisions of the High Court of Justice
Butterworths, 1881 - 104 páginas
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action admitted affidavit allegation allowed amended answer appearance application Author Barrister-at-Law cause cloth Common Law Companies complete Concise containing continued contract Conveyancing copy costs counter-claim Court or Judge damages default defendant deliver delivery demurrer direct documents Edition effect England enter entitled Equity evidence Examination fact Final Forms give give notice given ground indorsed Inner Temple inspection issue Journal judgment Judicature Jurisdiction jury land Law relating leave limited Lincoln's London manner matter ment Middle Temple motion necessary Notes notice notice of trial obtained officer otherwise party person plaintiff pleading Post 8vo Practice present Principles Probate proceedings produce question reference relief reply Royal 8vo rules Second Edition separately served set-off sewed showing solicitor statement of claim Statutes summons thereof tion Torts TREATISE trial tried Trustees unless whole writ
Página 71 - If, on the hearing of such application as in the last preceding rule mentioned, it shall appear to the Court or a Judge that the causes of action are such as cannot all be conveniently disposed of in one action, the Court or a Judge may order any of such causes of action to be excluded...
Página 71 - Claims by or against an executor or administrator as such may be joined with claims by or against him personally, provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator.
Página 38 - ... prejudice, embarrass, or delay the fair trial of the action, and all such amendments shall be made as may be necessary for the purpose of determining the real questions or question in controversy between the parties.
Página 5 - ... writ shall be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited...
Página 64 - of any defendant it shall appear that such joinder may " embarrass or delay the trial of the action, the Court or a " judge may order separate trials or make such other order as " may be expedient. And judgment may be given for such one or " more of the plaintiffs as may be found to be entitled to relief, " for such relief as he or they may be entitled to, without any
Página 51 - Judge shall certify that the Refusal to admit was reasonable ; and no Costs of proving any Document shall be allowed unless such Notice be given, except in Cases where the Omission to give the Notice is in the Opinion of the Master a Saving of Expense.
Página 47 - ... may apply to the Court or Judge to dismiss the action for want of prosecution ; and on the hearing of such application, the Court or a Judge may order the action to be dismissed accordingly, or may make such other order, and on such terms, as to the Court or Judge may seem just.
Página 35 - ... within four days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the documents, or such of them as he does not object to produce, may be inspected at the office of his solicitor, or in the case of bankers...
Página 53 - Any verdict or judgment obtained where one party does not appear at the trial, may be set aside by the Court or a Jndge upon such terms as may seem fit, upon an application made within six days after the trial ; such application may be made either at the assizes or in Middlesex.