The Practice of the Courts of King's Bench, and Common Pleas, in Personal Actions, and Ejectment: To which are Added, the Law and Practice of Extents, and the Rules of Court, and Modern Decisions, in the Exchequer of Pleas, Volume 1 |
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Page 188
... filacer does in other cases.d In proceeding against attornies and officers of the court , the bill , which is the foundation of the action , is a complaint in writing , describing the defendant as being present in court ; and generally ...
... filacer does in other cases.d In proceeding against attornies and officers of the court , the bill , which is the foundation of the action , is a complaint in writing , describing the defendant as being present in court ; and generally ...
Page 214
... filacer , who there- upon issues the capias in the first instance , keeping the præcipe as instructions for the original , which is not in fact issued , unless it be- come necessary , in consequence of a writ of error after a judgment ...
... filacer , who there- upon issues the capias in the first instance , keeping the præcipe as instructions for the original , which is not in fact issued , unless it be- come necessary , in consequence of a writ of error after a judgment ...
Page 218
... filacer , who is so called from the files of the custos bre- vium , which are warrants for him to continue the process . If he made default , and the sheriff returned that he was summoned , the practice formerly was , for the filacer to ...
... filacer , who is so called from the files of the custos bre- vium , which are warrants for him to continue the process . If he made default , and the sheriff returned that he was summoned , the practice formerly was , for the filacer to ...
Page 227
... filacer ; and when the purpose of the writ is * thus answered , the issues ( if any have been levied , ) are di- [ 138 ] rected to be returned ; or if sold , what shall remain of the money arising by such sale is to be repaid to the ...
... filacer ; and when the purpose of the writ is * thus answered , the issues ( if any have been levied , ) are di- [ 138 ] rected to be returned ; or if sold , what shall remain of the money arising by such sale is to be repaid to the ...
Page 228
... filacer of the county into which the summons issued ; or in the Exchequer , in the appearance book in the office of pleas . The writ of summons , and other subsequent process upon the bill , differ from the process by original , in the ...
... filacer of the county into which the summons issued ; or in the Exchequer , in the appearance book in the office of pleas . The writ of summons , and other subsequent process upon the bill , differ from the process by original , in the ...
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Common terms and phrases
acts of parliament affidavit aforesaid appear Append arrested assumpsit attachment attorney or solicitor bail bond bail-piece bankrupt Barnes bill of Middlesex Blac capias cause of action Chap charged Chit clerk commenced common bail Common Pleas costs court of Common court of equity court of King's creditor custody debt declaration defendant defendant's delivered detinue discharge distringas Doug Durnf East Eliz entered entitled Exchequer execution fendant filacer filed Fleet prison Gilb habeas corpus holden inferior court issued judge judgment King's Bench King's Bench prison latitat liable Marsh Maule & Sel notice officer original writ outlawry party payment plaintiff plaintiff's attorney plead prisoner privilege proceedings prothonotaries put in bail Raym replevin rule Salk Saund scire facias sheriff special bail statute sued suit summons sworn Taunt term thereof warrant Westminster Wils
Popular passages
Page 106 - An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned." And also to the act, entitled " An Act supplementary to an Act, entitled, " An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the time therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and...
Page 106 - Co. of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit : " Tadeuskund, the Last King of the Lenape. An Historical Tale." In conformity to the Act of the Congress of the United States...
Page 152 - ... he looked upon the independence and uprightness of the judges, as essential to the impartial administration of justice ; as one of the best securities of the rights and liberties of his subjects; and as most conducive to the honour of the crown.
Page 144 - ... until notice in writing of such intended writ or process shall have been delivered to him, or left at the usual place of his abode...
Page 453 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 604 - ... expressly named by him and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed ; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.
Page 569 - ... any annuity or rent-charge shall, from and after the passing of this act, be granted for one or more life or lives...
Page 556 - Judge on a consideration of the situation of the premises, why such tenant or person should not enter into a recognizance by himself and two sufficient sureties in a reasonable sum conditioned to pay the costs...
Page 177 - ... sue out any writ or process, or commence, prosecute, carry on, or defend any action or suit, or any proceedings in any of the Courts aforesaid...
Page 636 - ... for executing the said execution, the body, lands, or goods of the defendant shall be thereupon forthwith discharged from the said execution, which shall likewise be entered upon record ; but, notwithstanding in each case such judgment shall remain...