The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45Saunders and Benning, 1851 - Law |
From inside the book
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Page 10
... nature of the charge or defence is not apparent , the court may require the pleading to be made definite and certain , by amendment . " S. 161. In pleading a judgment , or other determination of a court , or officer of special ...
... nature of the charge or defence is not apparent , the court may require the pleading to be made definite and certain , by amendment . " S. 161. In pleading a judgment , or other determination of a court , or officer of special ...
Page 16
... natural in its construction , easily understood and readily adapted to any re- medy which the nature of the case requires . In doing so , they have been obliged to recast the whole system of practice and pleading ; with a single eye to ...
... natural in its construction , easily understood and readily adapted to any re- medy which the nature of the case requires . In doing so , they have been obliged to recast the whole system of practice and pleading ; with a single eye to ...
Page 17
... nature stationary , beyond all other sciences . It must change with changing manners , the diffusion of wealth , new channels of industry , and more general intelligence . That which was natural in the fifteenth century , is strange and ...
... nature stationary , beyond all other sciences . It must change with changing manners , the diffusion of wealth , new channels of industry , and more general intelligence . That which was natural in the fifteenth century , is strange and ...
Page 24
... nature of the improvements in Hyde Park was filling up the whole of the inequalities in the land : there were several large old gravel - pits , three of immense size , and the whole of these H. C. Reports and Papers , 1849. XXX ...
... nature of the improvements in Hyde Park was filling up the whole of the inequalities in the land : there were several large old gravel - pits , three of immense size , and the whole of these H. C. Reports and Papers , 1849. XXX ...
Page 29
... nature of the trust re- posed in the crown , and the security preserved by the subject . During many ages in the early part of that period , the crown had an independent revenue , adequate to all the expenses of the government , but our ...
... nature of the trust re- posed in the crown , and the security preserved by the subject . During many ages in the early part of that period , the crown had an independent revenue , adequate to all the expenses of the government , but our ...
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Common terms and phrases
12 Beav act of parliament affidavit agreement alleged amount answer appear apply appointed assumpsit attorney authority award Barrister bill bishop Chanc charge Church claim Code commissioners common law contract costs County Court Court of Chancery courts of equity covenant creditors crown debt declaration deed defendant defendant's demurrer duty effect England entitled equity evidence Exch execution executors fact filed Held House of Lords indictment interest issue judge judgment judicial jurisdiction jury justice land lease Lord Brougham Lord Chancellor Lord Cottenham Lord Langdale matter ment notice offence paid pany Parkman parliament party payment person plaintiff plea pleading practice present principle proceedings question Railway Company reference reform rent respect rule Scotch Scotland shares solicitor statute sufficient suit testator thereof tion trial trustees Vice-Chancellor Vict witnesses writ
Popular passages
Page 4 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in...
Page 10 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...
Page 10 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 92 - I do hereby disclaim, disavow, and solemnly abjure any intention to subvert the present church establishment, as settled by law within this realm...
Page 7 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
Page 166 - The rule of the common law, that statutes in derogation! thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to. which it relates, and its provisions are to be liberally construed with a view to effect its objects and to promote justice.
Page 92 - I do declare, That I do not believe that the Pope of Rome, or any other Foreign Prince, Prelate, Person, State, or Potentate, hath or ought to have any Temporal or Civil Jurisdiction, Power, Superiority, or Pre-eminence, directly or indirectly, within this Realm...
Page 4 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Page 6 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant or the subject of the action; or, 2. That the plaintiff has not legal capacity to sue; or, 3. That there is another action pending between the same parties for the same cause; or, 4.
Page 7 - ... cause, unable to verify it, or the facts are within the knowledge of his attorney, or other person verifying the same. When the pleading is verified by the attorney, or any other person except...