Bullen and Leake's Precedents of Pleadings: With Notes and Rules Relating to PleadingStevens, 1897 - 1126 pages |
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Page ix
... amendments . These , for the most part , have been the result of the labours of Her Majesty's Commissioners for ... amendment . The period of transition may there- fore be considered to have passed ; and this branch of the law is now ...
... amendments . These , for the most part , have been the result of the labours of Her Majesty's Commissioners for ... amendment . The period of transition may there- fore be considered to have passed ; and this branch of the law is now ...
Page xiii
... Amendment of pleadings . Time for delivering pleadings . 7 14 14 14 14 17 19 Parties to actions Action in name of wrong plaintiff - leave to add or substitute plaintiffs . 25 Misjoinder and non- -joinder of parties . Change of parties ...
... Amendment of pleadings . Time for delivering pleadings . 7 14 14 14 14 17 19 Parties to actions Action in name of wrong plaintiff - leave to add or substitute plaintiffs . 25 Misjoinder and non- -joinder of parties . Change of parties ...
Page 6
... amended pleading , see " Amendment of Pleadings , " post , p . 17 . The title of the action is stated on the writ ( see O. II . r . 3 ; R. S. C. 1883 , App . A. , Part I. , Nos . 1-5 ) , and , except in cases of changes authorized by ...
... amended pleading , see " Amendment of Pleadings , " post , p . 17 . The title of the action is stated on the writ ( see O. II . r . 3 ; R. S. C. 1883 , App . A. , Part I. , Nos . 1-5 ) , and , except in cases of changes authorized by ...
Page 11
... amended any matter in any indorsement or pleading which may be unnecessary or scandalous , or which may tend to prejudice , embarrass or delay the fair trial of the action ; and may in any such case , if they or he shall think Mode of ...
... amended any matter in any indorsement or pleading which may be unnecessary or scandalous , or which may tend to prejudice , embarrass or delay the fair trial of the action ; and may in any such case , if they or he shall think Mode of ...
Page 12
... amended as embarrassing , & c . , in the following cases ( most of which were decided under the repealed O. XXVII . r . 1 ) , viz . , for pleading mere general allegations of title , instead of stating the material facts relied upon as ...
... amended as embarrassing , & c . , in the following cases ( most of which were decided under the repealed O. XXVII . r . 1 ) , viz . , for pleading mere general allegations of title , instead of stating the material facts relied upon as ...
Common terms and phrases
accepted acceptor accord and satisfaction agent agreement alleged amended amount apply assignment Bank bankrupt Bankruptcy Act Bills of Exchange Bing breach carrier cause of action cheque cited post condition counterclaim County covenant creditor dated debt debtor deceased deed defendant defendant's delivered delivery denial entitled executor or administrator fact fraud G. W. Ry injunction injury joinder of issue judgment Judicature Acts L. J. Ch L. J. Ex land landlord Leake on Contracts lease liable loss ment negligence notice owner paid Particulars payable person plaintiff plaintiff has suffered plaintiff's claim pleading possession preceding premises Queen's Bench Division reasonable recover rent reply respect rule Sect set-off ship Smith special damage specially indorsed statement of claim statute Statute of Frauds sued suffered damage sufficient supra tenant thereof third party trespass trustee unless Vict warranty writ
Popular passages
Page 387 - ... agent acting for him, of the goods or documents of title, under any sale, pledge, or other disposition thereof, to any person receiving the same in good faith and •without notice of...
Page 19 - All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative...
Page 316 - Where there is an unconditional contract for the sale of specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.
Page 426 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 318 - Where there is an available market for the goods in question, the measure of damages, in the absence of special circumstances showing proximate damages of a greater amount, is the difference between the contract price and the market or current price...
Page 772 - December, 1833, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity...
Page 772 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent...
Page 772 - No claim of a cestui que trust against his trustee for any property held on an express trust, or in respect of any breach of such trust, shall be held to be barred by any Statute of Limitations.
Page 710 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 316 - Intend. (1) Where there is a contract to sell specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. ( 2 ) For the purpose of ascertaining the intention of the parties, regard shall be had to the terms of the contract, the conduct of the parties, usages of trade and the circumstances of the case.