Borough court rules [for Wells] made, allowed, and confirmed in pursuance of the Municipal corporation acts and of the Act for regulating the proceedings in the borough courts of England and Wales1841 - 80 Seiten |
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A. B. plaintiff Act for regulating act of Parliament action of debt action or suit actions of assumpsit affidavit aforesaid alleged amount appearance assumpsit avowry bills of exchange BOROUGH COURT calendar months city and borough civil actions clerk cognizance commenced confession and avoidance counts Court of Record Courts at Westminster Courts of Common damages day of A. D. defendant or defendants delivered demand demurrer denial eight days entered execution fieri facias filed further enacted ground of answer holden indorsed inferior Court joinder judge jurisdiction jurors jury liberty Lords Spiritual Majesty Majesty's Courts ment officer payment peace plaint proceedings promissory notes Provided Quarter Sessions recovered Registrar respect rule or order sheriff sign judgment statute subject-matter of complaint subsequent pleading sued sum or sums superior Courts therein thereof tion town-corporate trial of civil trial of issues unless VICT writ of distringas writ of error writ of summons writ or writs
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Seite xvii - ... into a bond, with two sufficient sureties, for indemnifying him from all costs and expenses to be incurred in the prosecution of such action, or to which he may become liable in consequence thereof, the expense of such bond to be deducted out of any money to be recovered in such action.
Seite 29 - That 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...
Seite 9 - ... shall be employed to issue the writ, then it shall be indorsed with a memorandum expressing that the same has been sued out by the plaintiff...
Seite xxvii - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded. Ex. gr. infancy, coverture, release, payment, performance, illegality of consideration either by statute or common law, drawing, indorsing, accepting, &c. bills or notes by way of accommodation, set-off, mutual credit, unseaworthiness,...
Seite xxvii - In an action of indebitatus assumpsit for goods sold and delivered, the plea of non assumpsit will operate as a denial of the sale and delivery in point of fact; in the like action for money had and received, it will operate as a denial both of the receipt of the money and the existence of those facts which make such receipt by the defendant a receipt to the use of the plaintiff.
Seite xvii - That every judgment debt shall carry interest at the rate of four pounds per centum per annum from the time of entering up the judgment, or from the time of the commencement of this act in cases of judgments then entered up and not carrying interest, until the same shall be satisfied; and such interest may be levied under a writ of execution on such judgment.
Seite 10 - That if the Plaintiff or his attorney shall omit to insert in or indorse on any writ or copy thereof any of the matters required by the said act, to be by him inserted therein or indorsed thereon, such writ or copy thereof shall not, on that account, be held void, but may be set aside as irregular upon application to be made to the Court out of which the same shall issue, or to any Judge.
Seite xvi - That from and after the time appointed for the commencement of this act no warrant of attorney to confess judgment in any personal action or cognovit actionem, given by any person, shall be of any force unless there shall be present some attorney of one of the superior Courts on behalf of such person, *expressly named by him and attending at his own request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed...
Seite xxix - In actions for an escape, it will operate as a denial of the neglect or default of the sheriff or his officers, but not of the debt, judgment, or preliminary proceedings. In this form of action against a carrier, the plea of not guilty will operate as a denial of the loss or damage, but not of the receipt of the goods by the defendant as a carrier for hire, or of the purpose for which they were received.
Seite 34 - 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.