A Concise View of the Proceedings in an Action in the Chancery Division of the High Court of Justice Including the Practice on Appeal: Also, a Summary of the Proceedings in an Action in the Queen's Bench Division of the High Court of Justice, Showing in what Particulars the Practice in an Action in the Chancery and Queen's Bench Divisions Differs

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Horace Cox, 1884 - Equity pleading and procedure - 316 pages
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Page 122 - That no Examination or Deposition to be taken by virtue of this Act shall be read in Evidence at any Trial without the Consent of the Party against whom the same may be offered, unless it shall appear to the Satisfaction of the Judge that the Examinant or Deponent is beyond the Jurisdiction of the Court, or dead, or unable from permanent Sickness or other permanent Infirmity to attend the Trial...
Page 29 - A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract, and of suing and being sued, either in contract or in tort, or otherwise, in all respects as if she were a feme sole...
Page 26 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable according to their respective liabilities, without any amendment.
Page 132 - Judge shall certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice...
Page 70 - No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed, or not.
Page 194 - Appeal may direct notice of the appeal to be served on all or any parties to the action or other proceeding, or upon any person not a party, and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may...
Page 197 - The Court of Appeal shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been made, and to make such further or other order as the case may require.
Page 148 - Judge at the trial ^as not asked to leave . to them, unless in the opinion of the Court to which the application is made some substantial wrong or miscarriage has been thereby occasioned in the trial...
Page 156 - Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court or a Judge on motion or summons without an appeal.
Page 252 - ... in actions for goods bargained and sold or sold and delivered, the defence must deny the order or contract, the delivery, or the amount claimed ; in an action for money had and received, it must deny the receipt of the money, or the existence of those facts which are alleged to make such receipt by the defendant a receipt to the use of the plaintiff.

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