The Practice of the Court of Common Pleas at Lancaster in Personal Actions and Ejectment |
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Page 14
... error , the want of an original . 3. By the practice of the courts at Westminster , in enter- taining original jurisdiction , without the aid of an original writ ( c ) . By the abolition of fines and recoveries ( d ) , and the ...
... error , the want of an original . 3. By the practice of the courts at Westminster , in enter- taining original jurisdiction , without the aid of an original writ ( c ) . By the abolition of fines and recoveries ( d ) , and the ...
Page 15
... writ of certiorari , but such removal is not this Court . allowed without a special ground for it ( g ) ; and a writ of error lies from this court to the King's bench , for although this is a superior court , yet its jurisdiction is ...
... writ of certiorari , but such removal is not this Court . allowed without a special ground for it ( g ) ; and a writ of error lies from this court to the King's bench , for although this is a superior court , yet its jurisdiction is ...
Page 52
... Writ of Error ( ƒ ) . It has also been determined , that the Statute applies to the commencement of actions only ; and not to the continuance of those com- menced , before it came into operation ( g ) . Former Rules It may be applicable ...
... Writ of Error ( ƒ ) . It has also been determined , that the Statute applies to the commencement of actions only ; and not to the continuance of those com- menced , before it came into operation ( g ) . Former Rules It may be applicable ...
Page 110
... writ of Error for delay ; and the Plaintiff is to be in the same situation , with respect to any rules , notices , or plead- ings , and may take such steps , as of the day on which such rule was obtained , unless otherwise ordered ( s ) ...
... writ of Error for delay ; and the Plaintiff is to be in the same situation , with respect to any rules , notices , or plead- ings , and may take such steps , as of the day on which such rule was obtained , unless otherwise ordered ( s ) ...
Page 125
... writ of Error , then , and in every such case , the Prothonotary may issue a rule to shew cause why such Defendant should not have time to plead for twenty - one days next after such rule shall be made absolute , or why the trial should ...
... writ of Error , then , and in every such case , the Prothonotary may issue a rule to shew cause why such Defendant should not have time to plead for twenty - one days next after such rule shall be made absolute , or why the trial should ...
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The Practice of the Court of Common Pleas at Lancaster in Personal Actions ... William Wareing No preview available - 2016 |
Common terms and phrases
action admission affidavit aforesaid agent allocatur allowed ante pa application arrest assumpsit attendance bail-bond bailable ceedings Chitty commencement Common Pleas copy County Palatine Court of Common Courts at Westminster days exclusive declaration default Defendant Defendant's delivered demurrer deponent deputy discharge Distringas Dowl eight days execution filed further ordered given granted indorsed issued joinder Judges thereof jury Justices Lancashire Liverpool ment nonsuit notice of trial obtained paid into Court party payment perfected person Plaintiff Plaintiff's attorney pleading Pleas at Lancaster practice proceed proceedings Protho Prothonotary recognizance record replevin rule absolute rule day rule nisi rule to shew Scire facias served set-off Sheriff shew cause special bail Stat statute stayed Tidd's Pr undersheriff unless William the Fourth witnesses writ of Capias writ of Error writ of Inquiry writ of Summons
Popular passages
Page 76 - In all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day, and inclusively of the last day, unless the last day shall happen to fall on a Sunday, Christmas Day, Good Friday, or a day appointed for a public fast or thanksgiving ; in which case the time shall be reckoned exclusively of that day also.
Page 381 - The plaintiff, after the delivery of a plea of payment of money into Court, shall be at liberty to reply to the same, by accepting the sum so paid into Court in full satisfaction and discharge of the cause of action in respect of which it has been paid in, and he shall be at liberty in that case to tax his costs of suit...
Page 368 - Courts on behalf of such person, expressly named by him, and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed ; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.
Page 18 - Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, To all to whom these presents shall come, greeting: Know ye that we, of our special grace, certain knowledge, and...
Page 53 - We command you, That within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in...
Page 88 - ... and every other sum for which he is now bail;"] that he is not bail for any defendant except in this action, [or if bail in any other action or actions...
Page 353 - ... or defendant in person, as the case may be, mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of such plaintiff's or defendant's residence, if any such there be.
Page 207 - Stiles, now the casual ejector, by default. And it is further ordered, that, if upon the trial of the said issue a verdict shall be given for the defendant, or if the plaintiff shall not prosecute his writ, upon any other cause, than for the not confessing lease, entry, and...
Page 67 - Plaintiff will be at liberty to enter a common appearance for the Defendant and proceed thereon to judgment and execution. 3. If a Defendant having given bail on the arrest, shall omit to put in special bail as required, the Plaintiff may proceed against the sheriff or on the bail bond.
Page 353 - ... unless every writ issued in continuation of a preceding writ shall be issued within one such calendar month after the expiration of the preceding writ, and shall contain a memorandum indorsed thereon or subscribed theretO> specifying the day of the date of the first writ...