Law ReformHodges, Smith, 1863 - 123 |
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Strona 6
... issue . Previously to that commission , in the three principal kinds of action , -assumpsit , debt on simple contract , and trespass on the case , it was competent to the defendant to raise almost every sort of 6 LAW REFORM .
... issue . Previously to that commission , in the three principal kinds of action , -assumpsit , debt on simple contract , and trespass on the case , it was competent to the defendant to raise almost every sort of 6 LAW REFORM .
Strona 7
... issue , which was no more than a general denial of his liability , by which no information was given to the opposite party of the defence intended to be relied on . The Commissioners recommended that all defences , except the mere ...
... issue , which was no more than a general denial of his liability , by which no information was given to the opposite party of the defence intended to be relied on . The Commissioners recommended that all defences , except the mere ...
Strona 10
... issue in fact . " " In short , we may say , that the excessive precision required is scarcely practicable , except in pleadings of well - known character and daily occurrence , in which former generations of suitors having paid costs ...
... issue in fact . " " In short , we may say , that the excessive precision required is scarcely practicable , except in pleadings of well - known character and daily occurrence , in which former generations of suitors having paid costs ...
Strona 11
... issue in actions of assumpsit debt , on simple contract and trespass on the case up to the passing of the Irish Common Law Procedure Act of 1853 , and it was competent for the defendant to raise almost every defence under the plea . The ...
... issue in actions of assumpsit debt , on simple contract and trespass on the case up to the passing of the Irish Common Law Procedure Act of 1853 , and it was competent for the defendant to raise almost every defence under the plea . The ...
Strona 13
... issue , and that no special plea should be permitted , unless perhaps with the consent of the plaintiff and for the purpose of raising a question of law to be decided on demurrer.- That a Bill of Particulars should be served on the ...
... issue , and that no special plea should be permitted , unless perhaps with the consent of the plaintiff and for the purpose of raising a question of law to be decided on demurrer.- That a Bill of Particulars should be served on the ...
Inne wydania - Wyświetl wszystko
Kluczowe wyrazy i wyrażenia
15th section 16 Vict adopted adverted affidavit alleged answer appear assumpsit Bill of Particulars cause of action cause petition Chancery Abolition Act Chancery Ireland Regulation Chancery Practice Amendment charging order clerks Common Law Commissioners Common Law Procedure considered contain costs County Courts course Court of Chancery courts of equity courts of law decree defendant defendant's delay enacted England entitled expense facts filed form of action ground of defence hearing interro interrogatories Ireland Regulation Act issue judgment jurisdiction justice Land Transfer Office Law Procedure Act liberty Lord Chancellor manner Masters in Chancery ment mortgage notice official solicitors opinion Parliament person plaintiff plea Practice Amendment Act present system proceedings question recommendation referred reform remedy render Report respect Sir James Graham solicitor statement statute suitors superior courts system of pleading tion transfer of land trust unprofessional reader viva viva voce want of parties York Commissioners
Popularne fragmenty
Strona 116 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...
Strona 117 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Strona 115 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits.
Strona 50 - It is further enacted (sec. 69), that, " the distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished...
Strona 115 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Strona 116 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Strona 114 - ... 6. That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended; 7.
Strona 111 - ... there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Strona 113 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Strona 116 - The court may in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.