Roscoe's Digest of the Law of Evidence on the Trial of Actions at Nisi Prius, Volumes 1-2Stevens, 1884 |
From inside the book
Results 1-5 of 81
Page vii
... judgments in inferior courts 111 probates and letters of administration ib . court rolls 112 proceedings in bankruptcy 113 foreign law ib . foreign judgments 115 entries in public books , postmarks , & c . ib . bankers ' books 116 ...
... judgments in inferior courts 111 probates and letters of administration ib . court rolls 112 proceedings in bankruptcy 113 foreign law ib . foreign judgments 115 entries in public books , postmarks , & c . ib . bankers ' books 116 ...
Page xii
... judgment Application to stay execution Order for delivery of specific chattels . as to costs of or occasioned by third party . for costs on higher scale Certificate for costs under County Courts Act , 1867 Order to disallow unnecessary ...
... judgment Application to stay execution Order for delivery of specific chattels . as to costs of or occasioned by third party . for costs on higher scale Certificate for costs under County Courts Act , 1867 Order to disallow unnecessary ...
Page xxxi
... judgments , and plene administravit præter- reply per fraudem ib . revocation of authority by death 1120 set - off 1121 replevin - avowry for rent ib . evidence on defence of Statute of Limitations ib . in an action on a judgment ...
... judgments , and plene administravit præter- reply per fraudem ib . revocation of authority by death 1120 set - off 1121 replevin - avowry for rent ib . evidence on defence of Statute of Limitations ib . in an action on a judgment ...
Page 19
... judgment has been signed against the defendant by default , is not within the proviso , and the costs do not follow the event . Gath v . Howarth , W. N. 1884 , p . 99 , Field , J. " 276 , line 26 . Add , " The liability of C. to costs ...
... judgment has been signed against the defendant by default , is not within the proviso , and the costs do not follow the event . Gath v . Howarth , W. N. 1884 , p . 99 , Field , J. " 276 , line 26 . Add , " The liability of C. to costs ...
Page 26
... judgment : hence an executor cannot issue a bankruptcy notice on the judgment obtained by his testator , until he has obtained leave under Rules , 1883 , O. xlii . r . 23 , to issue execution . Ex pte . Woodall , W. N. 1884 , p . 156 ...
... judgment : hence an executor cannot issue a bankruptcy notice on the judgment obtained by his testator , until he has obtained leave under Rules , 1883 , O. xlii . r . 23 , to issue execution . Ex pte . Woodall , W. N. 1884 , p . 156 ...
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Common terms and phrases
action admitted affidavit agreement answer ante Att.-Gen attesting witness attorney Bank Bank of England bill of exchange Bing Camp certificate Chancery charter-party Commissioners contract court cross-examination custody custom Davies deceased declarations deed defendant defendant's depositions document Doe d duly stamped duty East entry estoppel Ex pte examined copy Exch execution fact given handwriting held inadmissible indorsed instrument Insur issue Jones judge judgment judicial notice jury land lease letter Lord manor marriage ment Nisi Prius notice to produce oral evidence original parish payment Peerage person plaintiff pleadings presumed presumption probate proceedings promissory note proof proved purporting question receipt record rule seal secondary evidence sect signature signed Smith solicitor Stamp Act Stark stat statute Statute of Frauds sufficient supra testator thereof trial United Kingdom unstamped verdict Vict vide post writing written
Popular passages
Page 470 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 471 - That no contract for the sale of any goods, wares, and merchandise, 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...
Page 90 - The Court or a Judge may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear...
Page 471 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 324 - Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.
Page 323 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him, is conclusively presumed.
Page 323 - ... within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up...
Page 555 - ... at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which...
Page 74 - ... the cause or matter may be, unless at the trial or hearing the court or a judge shall certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense.
Page 332 - Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn; 3.