Epitome of the Notes of Practice of the Mayor's Court of the City of London in Ordinary Actions

Butterworths, 1871 - 139 sidor

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Sida 109 - Action shall be depending ; and if upon such Oath or Affirmation any Person making the same shall wilfully and corruptly give any false Evidence, every Person so offending shall be deemed and taken to be guilty of Perjury, and shall and may be indicted and prosecuted for such Offence in the County wherein such Evidence shall be given or in the County of Middlesex if the Evidence be given out of England.
Sida 108 - ... whether there is anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the court or judge may seem fit ; and all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties shall be so made.
Sida 119 - In an action of indebitatus assumpsit, for goods sold and delivered, the plea of non assumpsit will operate as a denial of the sale and delivery in point of fact ; in the like action for money had and received, it will operate as a denial both of the receipt of the money and the existence of those facts which make such receipt by the defendant a receipt to the use of the plaintiff.
Sida 22 - ... 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.
Sida 41 - It must be proved to the satisfaction of the court that the person making default either has or has had since the date of the order or judgment the means to pay the sum in respect of which he has made default, and has refused or neglected, or refuses or neglects, to pay the same.
Sida 40 - Default by a trustee or person acting in a fiduciary capacity and ordered to pay by a court of equity any sum in his possession or under his control: 4.
Sida 114 - It shall be lawful for her Majesty from time to time, by an order in council, to direct that all or any part of the provisions of this act shall apply to all or any court or courts of record in England and Wales, and within one month after such order shall have been made and published in the London Gazette...
Sida 76 - ... were respectively written, signed, or executed as they purport respectively to have been ; that such as are specified as copies are true copies ; and...
Sida 110 - Court, as well the party issuing such process as the party making such claim, and thereupon to exercise, for the adjustment of such claims and the relief and protection of the sheriff or other officer, all or any of the powers and authorities hereinbefore contained, and make such rules and decisions as shall appear to be just, according to the circumstances of the case ; and the costs of all such proceedings shall be in the discretion of the Court.
Sida 18 - Order, to command the Attendance of any Person to be named in such Rule or Order for the Purpose of being examined, or the Production of any Writings or other Documents to be mentioned in such Rule or Order, and to direct the Attendance of any such Person to be at his own Place of Abode, or elsewhere, if necessary or convenient so to do ; and the wilful Disobedience of any such Rule or Order shall be deemed...

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