The Supreme Court of Judicature Acts: And the Appellate Jurisdiction Act, 1876, with Rules of Court and Forms Issued in July, 1883, Annotated So as to Form a Manual of Practice, Containing a Comprehensive Selection of Cases from the Modern Reports, and All the Most Recent Decisions; Together with References to the Earlier Authorities where Such Seemed Advisable

Front Cover
Robert William Andrews, Arbuthnot Butler Stoney
Reeves & Turner, 1883 - Appellate procedure - 728 pages
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Contents

Appeals from High Court
8
Power to transfer jurisdiction of Judicial Committee by Order in Council
9
Rules as to exercise of jurisdiction
10
Rules of law upon certain points
15
2 Statutes of Limitation inapplicable to express trusts
16
6 Assignment of debts and choset in action
17
7 Stipulations not of the essence of contracts
18
Provision as to Act not affecting rules of evidence or juriesin
20
Child r Sunning 46 L J Ch 523
21
9 Damages by collisions at sea
22
Part III
23
Sittings in vacation
24
Sittings for trial by jury in London and Middlesex
25
Assignment of certain business to particular Divisions of High Court subject to Rules
26
Option for any Plaintiff subject to Rules to choose in what Division other than the Probate Divorce and Admiralty Division he will sue
30
Sittings in London and Middlesex and on Circuit
31
Powers of one or more Judges not constituting a Divisional Curt
32
Distribution of business among the Judges of the Chancery and Probate Divorce and Admiralty Divisions of the High Court
33
Divisional Courts for business of the Chanceiy Division
34
Cases and points may be reserved for or directed to be argued before Divisional Courts
36
Motions for new trials to be heard by Divisional Courts
37
As to discharging orders made in Chambers
38
Divisional Courts of Court of Appeal
39
Power to direct trials before Referees
40
Power of Referees and effect of their findings
41
Clare r Clare 46 L T 851 30 W R 789
45
Her Majesty may establish District Registries in the country for the Supreme Court
47
Powers of District Registrars
48
Accounts and inquiries may be referred to District Registrars
49
SECTION PAOE 69 Rules in schedule to regulate procedure till changed by other Rules after commencement of Act
52
Acts of Parliament relating to former Courts to be read as applying to Courts under this Act
53
Part V
54
Part VI
55
Counterclaims in Inferior Courts and transfers therefrom
56
Part VII
57
Saving as to Circuits ic
58
SUPREME COURT OF JUDICATURE COMMENCEMENT ACT 1874
61
SUPREME COURT OF JUDICATURE ACT 1875
63
Constitution of Court of Appeal
64
Tenure of office of Judges and oaths of office Judges not to sit in the House of Commons
65
Jurisdiction of Lords Justices in respect of lunatics
66
London Court of Bankruptcy not to be transferred to High Court of Justice
67
Rules of Court may be made by Order in Council before com
68
Sittings of Court of Appeal
72
Amendment of 36 37 Vict c 66 s 87 as to enactments relating to attorneys
73
Regulation of Circuits
77
Hancock r Guerin 27 W B 112 256
81
Abolition of Secretary to the Visitors of Lunatics
83
APPELLATE JURISDICTION ACT 1876
87
Form of appeal to House of Lords
88
Attendance of certain number of Lords of Appeal required at hearing and determination of appeals
95
Hearing and determination of appeals during prorogation of Parliament
96
Certain cases excluded from appeal
97
Orders in relation to conduct of business in Her Majestys Court of Appeal
98
Power to make Rules under 39 40 Vict c 59
110
Appointments to keep order c in Royal Courts of Justice Ill 24 Powers as to Solicitors Ill 25 Chief Justice of England to have powers of Chief Justice ...
111
Commissioners for acknowledgments by married women
112
RULES OF THE SUPREME COURT ORDER FAGS I Form and Commencement of Action
115
Writ of Summons
116
Indorsement of Claim
119
j Indorsement of Address
121
1 Place of Issue Rules 1 to 4
123
Concurrent Writs
128
Clarke r Chetwode
131
Substituted Service
137
Harper r Scrimgeour
138
Western Brazilian Tel Co p Bibby 42 L T 821 364
140
Default of Appearance
145
Norton Iron Works Co
146
Collins r Welch 49 L J 260 28 W R 208
147
Application for Account
152
Howell r Metrop Ry 51 L J Ch 158 30 W R 100 48 L T 707 338
156
Whistler r Hancock 47 L J 162 26 W R 211 433
167
Change of Parties by Death
176
Hiargons r Tweed 27 W R 495 184 201
184
Oake r Moncroft
185
Harris r lenkins 81 W R 187 62 L J Ch 487
187
mencement of the Act 52
222
Default of Pleading
236
Releases in Admiralty
243
Admissions
264
District Registries
275
White Re
290
Williams r Mereier 61 L J 594 47 L T 140 30 W R 720 315
315
L
323
Williams p Preston 51 L J Ch 927 47 h T 266 236
331
Harrison r Cornwall M Ry Co 51 L 1 Ch 98 45 L T 498 407 440
335
Hull and County Bank Re Trotters Claim 28 W R 125 403 437
337
XLVni Writ of delivery
349
Hawking r Morgan
352
3 Liquidators
360
Humphreys p Edwards 45 L J Ch 112 361352
361
Interpleader
398
Hunt r Anstin 51 L J 455 47 L T 300 465
404
Wilmott r Barber 45 L T 229 437
412
Palmers Trade Mark Re 81 W R 83 48 L T 52 62 L
427
Vacations
429
Hunterr Young 157
437
Thompson
440
Withernsca Brick Works Re 50 L J Ch 186 43 L T 713 69
446
Hawley r Read 247
467
General Rules
477
First Schedulb Repealed by R S C 1883 App 0
640
Forms see Index title Forms 687
643
Comparative Table of the Old and New Rules
656
200
668
150
677
38S
725

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Common terms and phrases

Popular passages

Page 207 - ... as if actions for libel had not been excepted from the personal actions in which it is lawful to pay money into Court under...
Page 17 - Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt, or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action...
Page 347 - An Act for abolishing arrest on mesne process in civil actions, except in certain cases; for extending the remedies of creditors against the property of debtors ; and for amending the laws for the relief of insolvent debtors in England.
Page 184 - Claims by or against an executor or administrator as such may be joined with claims by or against him personally, provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator.
Page 565 - Court, and according to the statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments...
Page 261 - It shall be lawful for the Court, or a Judge at any time during the pendency of any cause or matter, to order the production by any party thereto, upon oath, of such of the documents in his possession or power...
Page 337 - 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.
Page 188 - Every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defense, as the case may be, but not the evidence by which they are to be proved...
Page 207 - ... without actual malice, and without gross negligence, and that before the commencement of the action, or at the earliest opportunity afterwards, he inserted in such newspaper or other periodical publication a full apology for the said libel, or, if the newspaper or periodical publication in which the said libel appeared should be ordinarily published at intervals exceeding one week, had offered to publish the said apology in any newspaper or periodical publication to be selected by the plaintiff...
Page 236 - The court or a judge may order any pleading to be struck out, on the ground that it discloses no reasonable cause of action or answer, and in any such case or in case of the action or...

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