| 1852 - 822 Seiten
...made at the return of one summons, the same having been served two days before it is returnable. 93. No set-off of damages or costs between parties shall...for costs in the particular suit against which the «et-off is sought, provided, nevertheless, that interlocutory costs in the same «ait, awarded to... | |
| Richard Morris (of Middle Temple.), William Francis Finlason - 1852 - 624 Seiten
...the opposite party, existed under Reg; Gen., Hil. T., 2 Will. 4, s. 93 (Jerv. R. 86), which orders " that interlocutory costs in the same suit, awarded to the adverse party, may be deducted." See Doev. Sinclair, 5 Dowl. 26. (a) By the statute 10 & 11 Will. 3, c. 14, it is enacted that no judgment... | |
| John Gray - 1853 - 668 Seiten
...the previous rule entitled to the costs of the first trial. of Hil. T. 2 W. IV. (r. 93) ; sec also which provides, that " no set-off of damages or costs...suit awarded to the adverse party may be deducted (a). But this rule is only applicable where the parties apply, or have consented that the costs or... | |
| Henry Thurstan Holland - 1853 - 408 Seiten
...in error, 6 Exch. R. 621JJ; Howett v. Rodbard, 4 Exch. R. 309 ; Callander v. Howard, 10 CB 290. 63. No set-off of damages or costs between parties shall...suit, awarded to the adverse party, may be deducted. This is a re-enactment of HT, 2 "Wm. 4, r. 93. The rule only applies to cases where there is a cross... | |
| Great Britain. Court of Common Pleas - 1853 - 624 Seiten
...by Dunn's attorneys, who claim a lien upon it for costs. The claim rests upon the 93d rule of Hilary term, 2 W. 4, which provides that " no set-off of...particular suit against which the set-off is sought." The origin and foundation of that rule was this:—In the Court of King's Bench, in setting off costs... | |
| Great Britain. Courts - 1853 - 704 Seiten
...on the other side, the rule ffil. 2 W. 4, I. s. 93, 3 B. & Ad. 388, was referred to, which orders, that " No set-off of damages or costs between parties...the set-off is sought, provided, nevertheless, that in- г*тлл terlocutory costs in the same suit, awarded to the adverse party, may be L ' deducted."... | |
| John Frederick Archbold - 1853 - 184 Seiten
...the general costs of the cause, the costs of the trial shall be ajlowed to the opposite party. 7 63. No set-off of damages or costs between parties, shall...which the set-off is sought; provided nevertheless, 1 See Arch. New CL Pr. 179. 6 Same as RH 2 W. 4, s. 92. 1 See Id. 177. 224. Arch. New CL Pr. 210. »... | |
| 1853 - 954 Seiten
...costs of final judgment, because the two proceedings were not in equal degree. The rule prescribes that " no set-off of damages or costs between parties...allowed to the prejudice of the attorney's lien, for costa in the particular suit, against which the set-off is sought : provided nevertheless, that interlocutory... | |
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