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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... "
The Legal Observer, Digest, and Journal of Jurisprudence - Seite 484
1851
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A Practical and Elementary Abridgment of the Cases Argued and ..., Band 13

Charles Petersdorff - 1831 - 590 Seiten
...swore to receipts. It further appeared, that in Easter term, the vexatious defendant had moved for judgment as in case of a nonsuit, for not proceeding to trial ; and that, upon the lessor of the plaintiff undertaking peremptorily to try at the next summer assizes,...
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Reports of Cases Argued and Determined in the Court of King ..., Teil 150,Band 4

Great Britain. Court of King's Bench - 1822 - 908 Seiten
...dictated by the Court. HERBERT and another, Executors, r. KBAL. ON shewing cause against a rule nisi for judgment as in case of a nonsuit for not proceeding to trial pursuant to notice, the question was, whether the plaintiff's, who sued as executors, could be compelled...
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Reports of Cases Argued and Determined in the Courts of Common Pleas ..., Band 3

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1831 - 808 Seiten
...that se]>arate damages could not have been found or assessed. Henley v. Lyme 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 plain- . tiff's giving a peremptory undertaking...
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - 1832 - 674 Seiten
...undertaking to proceed at the next assizes. Chatlinor and Another V. Leech, 13 Pri. 6G6. Order for judgment as in case of a nonsuit for not proceeding to trial afier a peremptory undertaking, being absolute in the first instance, may be set aside on a motion...
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer - 1832 - 642 Seiten
...undertaking to proceed at the next assizes. Chultinor and Another v. Leech, 13 Pri. 666. Order for judgment as in case of a nonsuit for not proceeding to trial aficr a peremptory undertaking, being absolute in the first instance, may be set aside on a motion...
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The Legal Observer, Or, Journal of Jurisprudence, Band 4

1832 - 438 Seiten
...erial, where the rule for judgment as in case of a nonsuit is discharged. On discharging a rule for judgment as in case of a nonsuit, for not proceeding to trial, Taunton, 3. said, he would grant the costs of the day for not proceeding to trial, as a separate part...
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - 1833 - 822 Seiten
...on the plaintiff's undertaking to enter the cause for trial at the next assizes: The court granted judgment as in case of a nonsuit, for not proceeding to trial at the latter assizes, though the judge's order had not been made a rule of court. plaintiff an 1832....
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Band 2

Great Britain. Court of Exchequer, Charles Crompton, John Jervis - 1833 - 744 Seiten
...for him to call witnesses to prove a defence. LENNIKER v. BARR. Rule refused. discharging a rule for judgment as in case of a nonsuit for not proceeding to trial, an application having been made for the costs of the day under the 69th rule of the first division...
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The Legal Observer, Digest, and Journal of Jurisprudence, Band 33,Ausgabe 974

1833 - 538 Seiten
...ente of nonsuit cannot be obtained till the following Term. Dutt shewed cause against a rule niti for judgment as in case of a nonsuit, for not proceeding to trial, pursuant to notice obtained by RV Richards, upon the ground that the application on the part of the...
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Cases Argued and Determined in the Courts of Common Pleas & Exchequer ...

John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 830 Seiten
...Anne, c. 23. Mode of summoning and electing Scottish representative peers ib. HGeo. 2, c. 17, s. 1. Judgment as in case of a nonsuit for not proceeding to trial . 353 24 Geo. 2, c. 23. Alteration of calendar . . 380 32 Geo. 2, c. 28 (Lords' Act.) Time for bringing...
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