Court or any order of the Court, as might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose; and every person served with any such notice shall thenceforth... Acts of the Parliament of South Australia - Page 4by South Australia - 1878Full view - About this book
| Frederick Pollock - Law - 1876 - 920 pages
...might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose...the same rights in respect of his defence against euch claim as if he had been duly sued in the ordinary way by such defendant." The Bules of Court of... | |
| Law - 1922 - 738 pages
...served with any such notice " — a third-party notice — "shall thenceforth be deemed a party to euch cause or matter, with the same rights in respect of...duly sued in the ordinary way by such defendant." EJ White for the defendant. Wallington for the third party. THE COURT (Scrutton LJ and Eve J.) held... | |
| Law - 1884 - 550 pages
...might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose,...thenceforth be deemed a party to such cause or matter," etc. 7 Jacob's Fisher's Dig. 10619. Under this act orders and rules have been framed under which, though... | |
| Great Britain, Thomas Preston - Civil procedure - 1873 - 244 pages
...might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose;...been duly sued in the ordinary way by such defendant. (4.) The said Courts respectively, and every Judge thereof, shall recognise and take notice of all... | |
| Great Britain. Parliament. House of Commons - Great Britain - 1873 - 604 pages
...might properly have been granted against such person if he had been made a defendant to a cause duly 15 instituted by the same defendant for the like purpose...he had been duly sued in the ordinary way by such 20 defendant. (4.) The said Courts respectively, and every Judge thereof, shall recognise and take... | |
| Law reports, digests, etc - 1883 - 682 pages
...s. 24 (3), by which " every person served with any such notice (App. B., Form I.) shall henceforth be deemed a party to such cause or matter, with the same rights in respect of his defence or petition as if he had been dnly sued in the ordinary way by such defendant." And that section clearly... | |
| Wynne E. Baxter - Civil procedure - 1874 - 456 pages
...to a cause instituted by the same deft, for the like purpose, s. 24, p. 17. every person served with notice shall thenceforth be deemed a party to such...defence against such claim as if he had been duly served in the ordinary way by such deft., s. 24, p. 17. Ct. or judge may (on notice being given in... | |
| Sir William Thomas Charley - Civil procedure - 1875 - 754 pages
...might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose;...been duly sued in the ordinary way by such defendant. (4.) The said Courts respectively, and every Judge thereof, shall recognise and take notice of all... | |
| Arundel Rogers - Civil procedure - 1875 - 592 pages
...might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose;...been duly sued in the ordinary way by such defendant. 4. The said Courts respectively, and every judge thereof, shall recognise and take notice of all equitable... | |
| William Downes Griffith - Civil procedure - 1875 - 700 pages
...properly have been granted against any such person, if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose,...the same rights in respect of his defence against any such claim as if he had been duly sued in the ordinary way by such defendant. This, in fact, gives... | |
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