A Selection of Precedents of Pleading Under the Judicature Acts in the Common Law Divisions: With Notes Explanatory of the Different Causes of Action and Grounds of Defence; and an Introductory Treatise on the Present Rules and Principles of Pleading as Illustrated by the Various Decisions Down to the Present TimeStevens and Haynes, 1878 - 730 頁 |
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第 1 到 5 筆結果,共 88 筆
第 4 頁
... tion is , what enlarged powers of joining plaintiffs are conferred by the word " severally ? " One reading of the rule upon the point . is , that it enables any number of plaintiffs to join together , and combine in the same action ...
... tion is , what enlarged powers of joining plaintiffs are conferred by the word " severally ? " One reading of the rule upon the point . is , that it enables any number of plaintiffs to join together , and combine in the same action ...
第 14 頁
... tion arises in what way , if at all , does rule 6 enlarge the powers of joining defendants given by rule 3 ? This question is difficult to answer ; but it has been more than once suggested that rule 6 applies mainly to the case where a ...
... tion arises in what way , if at all , does rule 6 enlarge the powers of joining defendants given by rule 3 ? This question is difficult to answer ; but it has been more than once suggested that rule 6 applies mainly to the case where a ...
第 26 頁
... tion for the agreement , he allowed the demurrer , with leave to amend . Putting out of account for the present the class of cases just referred to - where a specially indorsed writ may be delivered and then a notice under Order XXI . r ...
... tion for the agreement , he allowed the demurrer , with leave to amend . Putting out of account for the present the class of cases just referred to - where a specially indorsed writ may be delivered and then a notice under Order XXI . r ...
第 29 頁
... tion . The Master struck out the paragraphs which did this on the ground that they were merely evidence , and on appeal Mr. reasonable Justice Archibald confirmed the order , remarking : " It would have been sufficient to have stated ...
... tion . The Master struck out the paragraphs which did this on the ground that they were merely evidence , and on appeal Mr. reasonable Justice Archibald confirmed the order , remarking : " It would have been sufficient to have stated ...
第 40 頁
... tion of your prayer you apply such and such a paragraph of your claim . ' But that is not so . By Order XXVIII . r . 1 the ground of a demurrer to any pleading or to any part of a plead- ing must be that the facts alleged therein do not ...
... tion of your prayer you apply such and such a paragraph of your claim . ' But that is not so . By Order XXVIII . r . 1 the ground of a demurrer to any pleading or to any part of a plead- ing must be that the facts alleged therein do not ...
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常見字詞
3rd paragraph 4th paragraph accepted accord and satisfaction admit aforesaid agent agreed agreement alleged amount assignment aver Bank bankrupt bill of exchange bill of lading breach cargo carrier carrying on business cause of action charge charter-party cheque common carriers contract counter-claim Court covenant damages debt default defendant denies defendant says defendant's delivered delivery demurrage demurrer detinue dishonour duly entitled executor facts fendant fraud freight indorsed injury judge judgment Judicature Acts L. J. Ex land lease liable libel London loss matter ment Messrs negligence Northern Rail notice Order XIX owner paid party payable payment person plaintiff claims pleading possession premises promissory note railway reason recover refused rent reply respect rule servants set-off ship solicitor statement of claim Statement of Defence statute Statute of Frauds sued tenant thereof tion trespass trustee vessel Vict Western Rail writ
熱門章節
第 256 頁 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
第 236 頁 - Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action...
第 17 頁 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative. And judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment.
第 8 頁 - ... to the intent that in such action the question as to which, if any, of the defendants, is liable, and to what extent, may be determined as between all parties to the action.
第 236 頁 - ... debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be, and be deemed to have been effectual in law (subject to all equities which would have been entitled to priority over the right of the assignee if this act had not passed...
第 655 頁 - That all persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative...
第 236 頁 - Provided always, that if the debtor, trustee, or other person liable in respect of such debt or chose in action shall have had notice that such assignment is disputed by the assignor or any one claiming under him, or of any other opposing or conflicting claims to such debt or chose in action, he shall be entitled, if he think fit, to call upon the several persons making claim thereto to interplead concerning the same, or he may, if he think fit, pay the same into the High Court of Justice under and...
第 372 頁 - Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage: they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
第 189 頁 - In case of any action founded upon a bill of exchange or other negotiable instrument, it shall be lawful for the court or a judge to order that the loss of such instrument shall not be set up, provided an indemnity is given, to the satisfaction of the court or judge, or a Master, against the claims of any other person upon such negotiable instrument.
第 355 頁 - All contracts, whether by specialty or by simple contract, henceforth entered into by infants for the repayment of money lent or to be lent, or for goods supplied or to be supplied (other than contracts for necessaries ) , and all accounts stated with infants, shall be absolutely void...