The New Instructor Clericalis: Stating the Authority, Jurisdiction, and Modern Practice of the Court of King's Bench |
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Page xii
... sued without Motion 539 Precedents of sci . fa . to revive 542 Also for and against Executors , & c . 544 How to ... sued , when sued by Action 557 How to proceed by sci . fa . PAGE . xii CONTENTS .
... sued without Motion 539 Precedents of sci . fa . to revive 542 Also for and against Executors , & c . 544 How to ... sued , when sued by Action 557 How to proceed by sci . fa . PAGE . xii CONTENTS .
Page 8
... sued by persons not entitled to privilege , they must be sued by bill , which expresses either the grievance or wrong which the plaintiff hath suffered by the defendant , or some fault by him committed against some law or sta- tute of ...
... sued by persons not entitled to privilege , they must be sued by bill , which expresses either the grievance or wrong which the plaintiff hath suffered by the defendant , or some fault by him committed against some law or sta- tute of ...
Page 10
... sued out by different common informers , the first sued out , and not the first served , shall have the preference . 3 Bur . Rep . 1423. Combe v . Pitt . The 2i Jac . 1. c . 4. s . 3. enacts , that no officer shall re- ceive , file , or ...
... sued out by different common informers , the first sued out , and not the first served , shall have the preference . 3 Bur . Rep . 1423. Combe v . Pitt . The 2i Jac . 1. c . 4. s . 3. enacts , that no officer shall re- ceive , file , or ...
Page 11
... sues in an action real for title of land , is called the demandant ; and he that is sued , is called the tenant . In every other action , the person complaining is called the plaintiff , and the person who is called upon to make ...
... sues in an action real for title of land , is called the demandant ; and he that is sued , is called the tenant . In every other action , the person complaining is called the plaintiff , and the person who is called upon to make ...
Page 16
... sues with others as executor , and then he may sue by attorney , for all of them together represent the testator , Ibid . 288. If an infant is sued , he must appear by a guardian ; if not , the plaintiff may move the court to have one ...
... sues with others as executor , and then he may sue by attorney , for all of them together represent the testator , Ibid . 288. If an infant is sued , he must appear by a guardian ; if not , the plaintiff may move the court to have one ...
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Common terms and phrases
affidavit aforesaid allocatur amend appear arrested assizes assumpsit bail-piece bailiwick bill bond brought Burr capias cause of action chattels clerk common bail copy costs and charges court custody damages debt declaration default defendant defendant's delivered demurrer deponent discharged distringas Dougl East ejectment entered execution executor fendant filazer filed four days given Ibid issue John Doe judge judge's jury justice King's Bench latitat London Lord Ellenborough lord the king master Maule and Selw ment Middlesex motion nisi prius nonsuit notice of trial original outlawry party payment person plaintiff plaintiff's attorney plea of trespass plead præcipe proceed proceedings record recover render roll rule Salk scire facias seal served sheriff shew cause sign judgment special bail stamp stat statute sued suit summons sworn tenant Term Rep thereof tion venue verdict Vide warrant of attorney Westminster Wils writ of error
Popular passages
Page 14 - A THIRD species of implied assumpsits is when one has had and received money belonging to another, without any valuable consideration given on the receiver's part : for the law construes this to be money had and received for the use of the owner only ; and implies that the person so receiving promised and undertook to account for it to the true proprietor.
Page 581 - AB, as for his costs and charges by him about his suit in that behalf expended...
Page 861 - C. prays that the judgment aforesaid, for the errors aforesaid, and other errors in the record and proceedings aforesaid, may be reversed, annulled, and altogether held for nothing, and that he may be restored to all things which he hath lost by occasion of the said judgment, &c.
Page 756 - But the great and efficacious writ, in all manner of illegal confinement, is that of habeas corpus ad subjiciendum ; directed to the person detaining another, and commanding him to produce the body of the prisoner, with the day and causo of his caption and detention, ad faciendum, subjiciendum, et recipiendum, to do, submit to, and receive...
Page 480 - VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the...
Page 12 - An annuity is a yearly payment of a certain sum of money, granted to another in fee, for life, or years, charging the person of the grantor only.
Page 102 - Affidavit shall be made by the Plaintiff, or some one on his Behalf, for which no fee shall be taken, before some Judge of the Court out of which such Process or Execution shall issue, or before some Person authorized to take Affidavits in such Courts...
Page 2 - All courts of record are the king's courts, in right of his crown and royal dignity, and therefore no other court hath authority to fine or imprison ; so that the very erection of a new jurisdiction with power of fine or imprisonment, makes it instantly a court of record.
Page 5 - It keeps all inferior jurisdictions within the bounds of their authority, and may either remove their proceedings to be determined here, or prohibit their progress below. It superintends all civil corporations in the kingdom. It commands magistrates and others to do what their duty requires, in every case where there is no other specific remedy. It protects the liberty of the subject, by speedy and summary interposition.
Page 50 - ... made use of upon the account or for the profit of any unqualified person...