Borough court rules [for Wells] made, allowed, and confirmed in pursuance of the Municipal corporation acts and of the Act for regulating the proceedings in the borough courts of England and Wales
1841 - 80 pages
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Page xvii - ... into a bond, with two sufficient sureties, for indemnifying him from all costs and expenses to be incurred in the prosecution of such action, or to which he may become liable in consequence thereof, the expense of such bond to be deducted out of any money to be recovered in such action.
Page 9 - ... shall be employed to issue the writ, then it shall be indorsed with a memorandum expressing that the same has been sued out by the plaintiff...
Page xxvii - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded. Ex. gr. infancy, coverture, release, payment, performance, illegality of consideration either by statute or common law, drawing, indorsing, accepting, &c. bills or notes by way of accommodation, set-off, mutual credit, unseaworthiness,...
Page xxvii - In an action of indebitatus assumpsit for goods sold and delivered, the plea of non assumpsit will operate as a denial of the sale and delivery in point of fact; in the like action for money had and received, it will operate as a denial both of the receipt of the money and the existence of those facts which make such receipt by the defendant a receipt to the use of the plaintiff.
Page xvii - That every judgment debt shall carry interest at the rate of four pounds per centum per annum from the time of entering up the judgment, or from the time of the commencement of this act in cases of judgments then entered up and not carrying interest, until the same shall be satisfied; and such interest may be levied under a writ of execution on such judgment.
Page 10 - That if the Plaintiff or his attorney shall omit to insert in or indorse on any writ or copy thereof any of the matters required by the said act, to be by him inserted therein or indorsed thereon, such writ or copy thereof shall not, on that account, be held void, but may be set aside as irregular upon application to be made to the Court out of which the same shall issue, or to any Judge.
Page xvi - That from and after the time appointed for the commencement of this act no warrant of attorney to confess judgment in any personal action or cognovit actionem, given by any person, shall be of any force unless there shall be present some attorney of one of the superior Courts on behalf of such person, *expressly named by him and attending at his own request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed...
Page xxix - In actions for an escape, it will operate as a denial of the neglect or default of the sheriff or his officers, but not of the debt, judgment, or preliminary proceedings. In this form of action against a carrier, the plea of not guilty will operate as a denial of the loss or damage, but not of the receipt of the goods by the defendant as a carrier for hire, or of the purpose for which they were received.