 | Great Britain. Court of Common Pleas, Henry Blackstone - 1827 - 946 Seiten
...[See post. No. 54.] 44. A peremptory undertaking to try, is alone sufficient cause to shew against judgment as in case of a nonsuit for not proceeding to trial, if it be the frsl default. Mallett v. Hilton. Mic. 33 Geo. 3. ii. 119 45. The court will set aside... | |
 | Great Britain. Court of Common Pleas, Henry Blackstone - 1827 - 736 Seiten
...the same term, be done away by this decision ? 559 1795. WlLKEJ against ELLIS. Thursday, JVbw. 19th. Judgment as in case of a nonsuit for not proceeding to trial, cannot be moved for till the third term after that in which issue is joined ; where the affidavit is... | |
 | 1828 - 520 Seiten
...always twice, and often thrice pn notice (or, which is more expensive, by rule nisi) before he gets judgment, as in case of a nonsuit, for not proceeding to trial. It should be considered also that the. defendant may, if he pleases, after subpcena to rejoin set down... | |
 | William Tidd - 1828 - 806 Seiten
...make default, and suffer judgment of non pros for not declaring, replying, or entering the issue, or judgment as in case of a nonsuit for not proceeding to trial; or the defendant compromise or compound the action, confess it, or let judgment go by default. If the... | |
 | William Tidd - 1828 - 610 Seiten
...make default, and suffer judgment of non pros for not declaring, replying, or entering the issue, or judgment as in case of a nonsuit for not proceeding to trial, or the defendant compromise or compound the action, confess it, or let judgment go by default. whether... | |
 | Sir William Blackstone - 1828 - 604 Seiten
...were two distinct injuries. EGGLETON v. SMART. SC Say. Costs, 168. ±N replevin: M'P/tedris moved for judgment as in case of a nonsuit (»), for not proceeding to trial. Eyre shewed for cause, that as both plaintiff and defendant in replevin are considered as actors, either... | |
 | William Tidd - 1828 - 666 Seiten
...same statute; the court of King's Bench held this to be a sufficient reason to discharge a rule for judgment as in case of a nonsuit, for not proceeding to trial; although the witness's liability to be sued would not be removed, till after the end of three succeeding... | |
 | Great Britain. Court of King's Bench - 1822 - 666 Seiten
...omitted to carry the record into the Marshal's office :—Held, that the defendant was not entitled to judgment, as in case of a nonsuit, for not proceeding to trial pursuant to the tiff's peremptory undertaking, as the latter was not bound to carry in the record.... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1831 - 812 Seiten
...that separate damages could not have been found or assessed. Henley v. Lymc Regis, 310 7. A rule for judgment as in case of a nonsuit for not proceeding to trial at the Sittings pursuant to notice, was discharged, upon the plaintiff's giving a peremptory undertaking... | |
 | 1831 - 448 Seiten
...intolvency came to the plaintif t knowledge. On showing cause against a rule obtained by the defendant for judgment as in case of a nonsuit, for not proceeding to trial, an affidavit was produced, in which the plaintiff stated, that he had not gone to trial, on account... | |
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of two defendants in an action of tort may move for judgment as in case of a nonsuit for not proceeding to trial, though the other has suffered judgment by default, and the venire as to him, was only to assess damages. And it need not appear that he has... 
