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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. "
The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ... - Seite 407
1878
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Bände 53-54

1896 - 866 Seiten
...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 final judgment...in the same 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...
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The Supreme Court of Judicature Act, 1873: With Rules of ..., Seite 941

Great Britain, Thomas Preston - 1873 - 244 Seiten
...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 judgment...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 the opinion of...
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Parliamentary Papers, Band 5

Great Britain. Parliament. House of Commons - 1873 - 604 Seiten
...such sct-off or counter-claim shall have the same 10 effect as a statement of claim in a cross action, so as to enable the Court to pronounce a final judgment...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...
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Reports of Cases Relating to Maritime Law: Containing All the ..., Band 4

1883 - 682 Seiten
...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 as a...
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Outlines of Equity: Being a Series of Elementary Lectures on Equity ...

Freeman Oliver Haynes - 1874 - 570 Seiten
...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...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,...
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Mr. Serjeant Stephen's New Commentaries on the Laws of England: (Partly ...

Henry John Stephen - 1874 - 726 Seiten
...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 judgment...in the same 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...
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The Law and Practice of the Supreme Court of Judicature, Comprising the ...

Wynne E. Baxter - 1874 - 452 Seiten
...such sct-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 judgment...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...
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The Law and Practice of the Supreme Court of Judicature

Arundel Rogers - 1875 - 592 Seiten
...such set-off or counterclaim shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce a final judgment...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...
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The Supreme Court of Judicature Acts 1873 and 1875: With the Rules, Orders ...

William Downes Griffith - 1875 - 700 Seiten
...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 judgment...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 Court may replaintiff before...
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The New System of Practice and Pleading Under the Supreme Court of ...

Sir William Thomas Charley - 1875 - 754 Seiten
...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 judgment...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...
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