Handy Book of the Practice in the Lord Mayor's Court: In Ordinary Actions and in Foreign Attachment, Under the New Statute and Rules of Court : with an Appendix of the Mayor's Court of London Procedure Act, 1857, and Scale of Costs, Teil 153

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Wildy and Son, 1861 - 110 Seiten
 

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Seite 93 - ... whether there is anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the court or judge may seem fit ; and all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties shall be so made.
Seite 96 - Plea, by Affidavit or otherwise, showing that such Defendant does not claim any Interest in the Subject Matter of the Suit, but that the Right thereto is claimed or supposed to belong to some Third Party who has sued or is expected to sue for the same, and that such Defendant does not in any Manner collude with such Third Party, but is ready to bring into Court or to pay or dispose of the Subject Matter of the Action in such Manner as the Court (or any Judge thereof) may order or direct...
Seite 97 - Court, as well the party issuing such process as the party making such claim, and thereupon to exercise, for the adjustment of such claims and the relief and protection of the sheriff or other officer, all or any of the powers and authorities hereinbefore contained, and make such rules and decisions as shall appear to be just, according to the circumstances of the case ; and the costs of all such proceedings shall be in the discretion of the Court.
Seite 100 - London, the mayor, aldermen, and commons of the City of London in common council assembled...
Seite 102 - Chancellor in matters of lunacy, whereby any sum of money, or any costs, charges, or expenses, shall be payable to any person, shall have the effect of judgments...
Seite 104 - Act the following words and expressions shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction...
Seite 97 - Act, or in respect of the proceeds or value thereof, by any landlord for rent, or by any person not being the party against whom such process has issued...
Seite 31 - Court in point of law, or upon the admission or rejection of any evidence...
Seite 18 - 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 96 - ... direct which of the parties shall be plaintiff or defendant on such trial, or with the consent of the plaintiff and such third party, their counsel or...

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