The Law and Procedure of Summary Judgement on Specially Endorsed Writ Under Order XIV: In Four Parts. I. Order III, R. 6, Text and Cases. II. Order XIV, Text and Cases. III. Ancillary Procedure. IV. Appendix of Forms
Waterlow and Sons, 1887 - 245 Seiten
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according action admitted affidavit agreement allowed amendment amount appearance application Bank bill of exchange brought cause Chambers claim Common Company contract copy costs Court damages debt decision deed default Defendant Deft Deft.'s delivered determine Division effect entered entitled execution express facts filed final judgment Form given giving ground held infant instance interest Irish issue Judge L. J. Ch land lease leave to defend liability limited liquidated demand Lord married woman matter ment mortgage motion nature necessary notice objection obtained officer otherwise paid particulars party payable payment person Plaintiff practice present principal Procedure proceedings question recover referred rent respect Rule separate property served sold solicitor specially indorsed statement Statute sufficient summary judgment summons taken tenancy term thereof unless Vict writ
Seite 145 - ... or otherwise, in all respects as if she were a feme sole, and her husband need not be joined with her as plaintiff or defendant, or be made a party to any action or other legal proceeding brought by or taken against her ; and any damages or costs recovered by her in any such action or proceeding shall be her separate property ; and any damages or costs recovered against her in any such action or proceeding shall be payable out of her separate property, and not otherwise.
Seite 183 - Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted. The costs of every affidavit which shall unnecessarily set forth matters of hearsay, or argumentative matter, or copies of or extracts from documents, shall be paid by the party filing the same.
Seite 188 - ... as to costs only, which by law are left to the discretion of the court.
Seite 219 - No. 1.] Upon hearing and upon reading the affidavit of filed the day of 18 , and It is ordered that...
Seite 165 - ... for the repayment of money lent or to be lent, or for goods supplied or to be supplied (other than contracts for necessaries), and all accounts stated with infants, shall be absolutely void : Provided always, that this enactment shall not invalidate any contract into which an infant may, by any existing or future statute, or by the rules of common law or equity, enter, except such as now by law are voidable.
Seite 204 - The plaintiff claims £ for debt, and £ for costs, and if the amount thereof be paid to the plaintiff or to his Attorney within four days from the service hereof, further proceedings will be stayed.
Seite 202 - NB — This writ is to be served within twelve calendar months from the date thereof, or, if renewed, within six calendar months from the date of the last renewal, including the day of such date, and not afterwards. The defendant...
Seite 157 - Subject to the provisions hereinafter mentioned, and to the prescribed rules, any court may commit to prison for a term not exceeding six weeks, or until payment of the sum due, any person who makes default in payment of any debt or instalment of any debt due from him in pursuance of any order or judgment of that or any other competent court.
Seite 66 - ... the writ of summons may, at the option of the plaintiff, be specially indorsed with a statement of his claim, or of the remedy or relief to which he claims to be entitled. Such special indorsement shall be to the effect of such of the Forms in Appendix C, sec. IV., as shall be applicable to the case.