 | Great Britain. Court of King's Bench, Edward Hyde East - 1845 - 658 Seiten
...judgment as in case of a non-suit, in a qui tarn as well as in any other action. UPON a rule nisi for judgment as in case of a nonsuit for not proceeding to trial, an affidavit of the plaintiff's attorney was produced in answer, assigning as a reason for not going... | |
 | 1846 - 608 Seiten
...an appointment to tax the costs. On the following Monday, the defendant obtained a rule absolute for judgment as in case of a nonsuit, for not proceeding to trial pursuant to a peremptory undertaking. A rule nisi had been obtained to set aside the latter rule, against... | |
 | 1846 - 660 Seiten
...made a remanet to the sittings after Trinity Term ; but meanwhile, the defendant obtained a rule for judgment as in case of a nonsuit for not proceeding to trial pursuant to the peremptory undertaking. It seems that the same point was again brought under the consideration... | |
 | 1846 - 598 Seiten
...Held, that under these circumstances the plaintiff was not in default so as to entitle the defendant to judgment as in case of a nonsuit for not proceeding to trial pursuant to his undertaking. Lumley v. Diiboitrg, 14 M. & W. 295; 3 D. & L. 80. 2. ffttnc pro tune—Practice.—Where... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1846 - 938 Seiten
...that, under these circumstances, the plaintiff was not in default, so as to entitle the defendant to judgment as in case of a nonsuit for not proceeding to trial pursuant to his undertaking. Lumley v. Dubourg, 295 (5). Service of Rule to compute. A rule to issue... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1846 - 944 Seiten
...that, under these circumstances, the plaintiff was not in default, so as to entitle the defendant to judgment as in case of a nonsuit for not proceeding to trial pursuant to his undertaking. Lumley v. Dubourg, 295 (5). Service of Rule to compute. A rule to issue... | |
 | Thomas Chitty - 1847 - 1070 Seiten
...^7or'juii male an affidavit of the fact (n), and give this with a motion- ment. paper to counsel, to move for judgment as in case of a nonsuit for not proceeding to trial in pursuance of such undertaking; {*} See per mr., in Lumlty v. Dutourg, 3 Dim 1. & L. H4. (y) Lumlry... | |
 | Great Britain. Bail Court - 1848 - 906 Seiten
...defendant, on the ground of the defect in the notice, but the latter afterwards obtained a rule for judgment as in case of a nonsuit, for not proceeding to trial pursuant to notice, the Court discharged that rule, with costs. Larker v. Cerrito, 672 JUDGE'S ORDER.... | |
 | Alfred Septimus Dowling, Great Britain. Bail Court, John James Lowndes - 1848 - 954 Seiten
...subsequent proceedings, on the the defect in the notice, but the latter afterwards obtained a rule for judgment as in case of a nonsuit, for not proceeding to trial pursuant to notice, the Court discharged that rule, with costs. ground of the notice of trial being... | |
 | 1848 - 638 Seiten
...the plaintiff or his attorney. IN this case Prentice had early in the term obtained a rule nisi for judgment, as in case of a nonsuit, for not proceeding to trial. Erie, J. I do not think any fresh notice is necessary where the next step to be taken in a cause is... | |
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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... 
