A Treatise on Philippine Practice: Including the Law of Evidence Applicable to All Courts and All Laws Relating to the Primary CourtsOriental Printing Company, 1907 - 130 pages |
Common terms and phrases
accused Act 190 sec admissible affidavit amended by Act appeal appointment assessors attend attorney Atty auxiliary justice bail cause certificate Civil Procedure clerk Code C. P. sec Code of Civil complaint copy costs crime criminal Declarations Against Interest defendant deposition docket duty Dying Declarations Enforcement entry and detainer evidence Examination execution fact fees filed forcible entry Greenleaf hearsay III Wigmore instance issued judge or justice judgment debtor judicial judicial notice jurisdiction justice's court manual delivery marriage Moro Province municipal court notice oath obligation offense officer order of attachment peace personal property pesos Phil Philippine Islands plaintiff pleadings possession preliminary investigations president presumption Principal Accomplice proceedings proof prosecutions record rendered Replevin rule search warrant Spanish Code subpoena sufficient sureties summons testify testimony Thayer's therein thereof trial tribal ward courts tribunal warrant Wigmore witness writing
Popular passages
Page 62 - ... to the effect that they are bound in double the value of the property as stated in the affidavit of the plaintiff for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may for any cause be recovered against the defendant.
Page 73 - The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.
Page 60 - That the same has not been taken for a tax, assessment or fine, pursuant to a statute; or seized under an execution or attachment against the property of the plaintiff; or if so seized, that it is, by statute, exempt from such seizure : and 5.
Page 66 - If the property taken be claimed by any other person than the defendant or his agent, and such person make affidavit of his title thereto, or right to the possession thereof, stating the grounds of such title or right, and serve the same upon the sheriff, the sheriff shall not be...
Page 42 - All goods, chattels, moneys, and other property, both real and personal, or any interest therein of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action, are liable to execution.
Page 73 - When the officer takes property under the warrant, he must give a copy of the warrant together with a receipt for the property taken (specifying it in detail) to the person from whom it was taken by him, or in whose possession it was found; or, in the absence of any person, he must leave it in the place where he found the property.
Page 63 - The defendant may be arrested, as hereinafter prescribed, in the following cases : 1. In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the state with intent to defraud his creditors.
Page 63 - When the defendant has been guilty of a fraud in contracting the debt...
Page 67 - Debts and credits and other personal property, not capable of manual delivery, must be attached by leaving with the person owing such debts, or having in his possession, or under his control, such credits...
Page 67 - ... a notice that such credits, or other property or debts, as the case may be, are attached in pursuance of such writ.