A Treatise on the Law of Costs in Actions & Other Proceedings in the Courts of Common Law at WestminsterE. Lumley, 1853 - 611 Seiten |
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Seite 12
... counts in the declaration , the de- fendant was not entitled to the costs of those counts ; the same statute ( sect . 33 ) therefore enacts , " That where any nolle prosequi shall have been entered upon any count , or as to part of any ...
... counts in the declaration , the de- fendant was not entitled to the costs of those counts ; the same statute ( sect . 33 ) therefore enacts , " That where any nolle prosequi shall have been entered upon any count , or as to part of any ...
Seite 15
... counts on which he failed ; yet old cases are not wanting , in which it was held that he was entitled to the costs of all the counts ( c ) . This , however , did not ultimately become the established practice ; although , from ...
... counts on which he failed ; yet old cases are not wanting , in which it was held that he was entitled to the costs of all the counts ( c ) . This , however , did not ultimately become the established practice ; although , from ...
Seite 16
... count on which he defeated the plaintiff ; and the words of the statute , which in substance are , " If any verdict ... counts or issues upon which he has not succeeded , and the costs of all issues found for the defendant shall be ...
... count on which he defeated the plaintiff ; and the words of the statute , which in substance are , " If any verdict ... counts or issues upon which he has not succeeded , and the costs of all issues found for the defendant shall be ...
Seite 17
... counts or issues on which he did not succeed , and that the defendant was entitled to the costs of issues found for him . The rule has been an- nulled by the Practice Rules of Hilary Term , 1853 ( ¿ ) , and the correct interpretation of ...
... counts or issues on which he did not succeed , and that the defendant was entitled to the costs of issues found for him . The rule has been an- nulled by the Practice Rules of Hilary Term , 1853 ( ¿ ) , and the correct interpretation of ...
Seite 18
... counts of a declara- tion , plead different pleas , or to a portion of the cause of action alleged in a single count , plead one plea , and to the residue another , but he could not give two distinct answers to the same part of the ...
... counts of a declara- tion , plead different pleas , or to a portion of the cause of action alleged in a single count , plead one plea , and to the residue another , but he could not give two distinct answers to the same part of the ...
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A Treatise on the Law of Costs in Actions & Other Proceedings in the Courts ... Keine Leseprobe verfügbar - 2020 |
Häufige Begriffe und Wortgruppen
16 Vict action of trespass action was brought affidavit alleged allocatur allowed amend amount appear application assignment assumpsit attorney cause of action certificate claim claimant Common Law Procedure costs of suit count County Court Court of Exchequer debt declaration defendant is entitled defendant pleaded defendant's demurrer deprive the plaintiff Dowl ejectment enacts entitled to costs Exch expense fendant full costs given guilty held Hilary Term issues found judgment by default jurisdiction jury Justice Law Procedure Act liable Master ment money into Court nisi prius nolle prosequi nonsuit notice obtained a verdict paid into Court party pauperis pay the costs payment of costs person plain plaintiff is entitled plaintiff of costs plea in abatement provisions question record recover damages replevin respect Rules of Hilary sect security for costs set-off sheriff statute of Anne Statute of Gloucester suffered judgment superior Court taxation taxed tiff tion trial witnesses writ
Beliebte Passagen
Seite 142 - ... action is brought, or the said judge at chambers, may thereupon, by rule or order, direct that the plaintiff shall recover his costs...
Seite 249 - Act, the Defendant or Defendants in such Action or Suit may plead the General Issue, and give this Act and the Special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Act...
Seite 518 - ... shall be payable, shall be deemed judgment creditors within the meaning of this act ; and all powers hereby given to the judges of the superior courts of common law with respect to matters depending in the same courts, shall and may be exercised by courts of equity with respect to matters therein depending, and...
Seite 252 - ... otherwise ; and notice in writing of such action and of the cause thereof shall be given to the defendant one month at least before the commencement of the action...
Seite 357 - ... the cause or matter may be, unless at the trial or hearing the Court or a 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 where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense 3.
Seite 215 - ... action shall be tried to certify on the record that the validity of the letters patent in the declaration mentioned came in question ; and the record, with such certificate, being given in evidence in any suit or action for infringing the said letters patent...
Seite 147 - That it shall not be lawful for any Plaintiff to divide any Cause of Action for the Purpose of bringing Two or more Suits...
Seite 130 - ... costs whatever, whether it shall be given upon any issue or issues tried, or judgment shall have passed by default, unless the judge or presiding officer before whom such verdict shall be obtained shall immediately afterwards certify on the back of the record, or on the writ of trial or writ of inquiry, that the action was really brought to try a right besides the mere right to recover damages for the trespass or grievance for which the action shall have been brought, or that the trespass or...
Seite 30 - ... or his attorney, if required by the court or judge, to the effect that he is advised and believes that he has just ground to traverse the several matters proposed to be traversed by him, and that the several matters sought to be pleaded as aforesaid by way of confession and avoidance are respectively true in substance and in fact, and that he is further advised and believe...
Seite 105 - Jury that shall enquire of the Damages, do find or assess the Damages under forty Shillings, then the Plaintiff or Plaintiffs in such Action, shall have and recover only so much Costs as the Damages so given or assessed amount unto, without any further Increase of the same ; any Law, Statute, Custom or Usage to the contrary in any wise notwithstanding.