Handy Book of the Practice in the Lord Mayor's Court: In Ordinary Actions and in Foreign Attachment, Under the New Statute and Rules of Court : with an Appendix of the Mayor's Court of London Procedure Act, 1857, and Scale of Costs, Part 153 |
Other editions - View all
Handy Book of the Practice in the Lord Mayor's Court: In Ordinary Actions ... David Bingham Daly No preview available - 2016 |
Handy Book of the Practice in the Lord Mayor's Court: In Ordinary Actions ... D. Bingham Daly No preview available - 2017 |
Common terms and phrases
according Action entered affidavit allowed amount appear application appraisement attached as aforesaid Attending bill of proof ceed chattels City of London claim Common Law Common Serjeant copy and service costs Court holden custom day of 18 debt debtor defendant's attorney deliver demand of plea direct dissolution error execution fees fendant folio Foreign Attachment garnishee give notice Guildhall hath issue joinder of issue Judge judgment by default judgment for want jurisdiction jury Mayor and Aldermen Mayor's Court Office ment nishee nonsuit notice of trial oath obtained ordinary actions paid payment person plaint plaintiff plaintiff's attorney plea aforesaid plead pocket Poultry Compter pounds præcipe precept probation Procedure Act proceed proceedings record recover Registrar removed returned and certified rule or order seal serjeant-at-mace served Sheriffs Court sign judgment solemnly called Subpoena ad testificandum suit summons superior courts sworn therein thereof thereupon think fit thousand eight hundred tion witnesses writ writ of execution
Popular passages
Page 93 - ... whether there is anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the court or judge may seem fit ; and all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties shall be so made.
Page 96 - Plea, by Affidavit or otherwise, showing that such Defendant does not claim any Interest in the Subject Matter of the Suit, but that the Right thereto is claimed or supposed to belong to some Third Party who has sued or is expected to sue for the same, and that such Defendant does not in any Manner collude with such Third Party, but is ready to bring into Court or to pay or dispose of the Subject Matter of the Action in such Manner as the Court (or any Judge thereof) may order or direct...
Page 97 - Court, as well the party issuing such process as the party making such claim, and thereupon to exercise, for the adjustment of such claims and the relief and protection of the sheriff or other officer, all or any of the powers and authorities hereinbefore contained, and make such rules and decisions as shall appear to be just, according to the circumstances of the case ; and the costs of all such proceedings shall be in the discretion of the Court.
Page 100 - London, the mayor, aldermen, and commons of the City of London in common council assembled...
Page 102 - Chancellor in matters of lunacy, whereby any sum of money, or any costs, charges, or expenses, shall be payable to any person, shall have the effect of judgments...
Page 104 - Act the following words and expressions shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction...
Page 97 - Act, or in respect of the proceeds or value thereof, by any landlord for rent, or by any person not being the party against whom such process has issued...
Page 31 - Court in point of law, or upon the admission or rejection of any evidence...
Page 18 - 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 96 - ... direct which of the parties shall be plaintiff or defendant on such trial, or with the consent of the plaintiff and such third party, their counsel or...