The New Instructor Clericalis: Stating the Authority, Jurisdiction, and Modern Practice of the Court of King's Bench

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W. Clarke and Sons, 1818 - 971 Seiten
 

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Inhalt

Of the Writ of Inquiry
495
Inquiry before the Chief Justice
506
When Motion necessary to enter it up
518
Of sci fa to revive Judgment
536
Precedents of sci fa torevive
542
Of Proceedings by Original on sci fa
549
Proceedings against Bail by sci fe
555
Of Proceedings against Hundredors
611
How to appear if no Bail required
618
How to proceed
625
Of Bail to capias utlagatum
632
How to obtain the Writ
638
Statute of Limitations
646
vacant Possession
653
For what the Action of Ejectment lies
664
How to describe the Premises if for a Rectory
671
Of Defect in the Affidavit of Service
675
Of Appearance by Landlord
681
Of Security for Costs
687
Of Attornment
694
Of Proceedings by a Mortgagee
701
How the Bail of Bankrupt to be relieved
708
Within what Time Prisoners are to plead in County
715
If Prisoner removes himself to the Fleet
723
Marshal
731
Of the Habeas Corpus ad respondendum
733
Of the Proceedings by Habeas Corpus to remove
746
How to proceed after Cause removed
752
Habeas Corpus ad satisfaciendum
760
Of Abatement by Death
767
Of Discontinuance of the Action
778
Arbitration
784
As to the Rule to refer
790
How to proceed after Award entered
797
Notices of Motion
807
Of Bail in Error
813
Cases relating to Error
819
Of Amendment after Judgment if Error brought
825
Of the Writ of Certiorari
831
Of the Days for hearing Errors in Exchequer
837
How if no Assignment of Errors
845
If general Errors be assigned how to proceed
860
The standing Orders of the House
867
Of Costs in Error
873

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Seite 14 - A THIRD species of implied assumpsits is when one has had and received money belonging to another, without any valuable consideration given on the receiver's part : for the law construes this to be money had and received for the use of the owner only ; and implies that the person so receiving promised and undertook to account for it to the true proprietor.
Seite 581 - AB, as for his costs and charges by him about his suit in that behalf expended...
Seite 861 - C. prays that the judgment aforesaid, for the errors aforesaid, and other errors in the record and proceedings aforesaid, may be reversed, annulled, and altogether held for nothing, and that he may be restored to all things which he hath lost by occasion of the said judgment, &c.
Seite 756 - But the great and efficacious writ, in all manner of illegal confinement, is that of habeas corpus ad subjiciendum ; directed to the person detaining another, and commanding him to produce the body of the prisoner, with the day and causo of his caption and detention, ad faciendum, subjiciendum, et recipiendum, to do, submit to, and receive...
Seite 480 - VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the...
Seite 12 - An annuity is a yearly payment of a certain sum of money, granted to another in fee, for life, or years, charging the person of the grantor only.
Seite 102 - Affidavit shall be made by the Plaintiff, or some one on his Behalf, for which no fee shall be taken, before some Judge of the Court out of which such Process or Execution shall issue, or before some Person authorized to take Affidavits in such Courts...
Seite 2 - All courts of record are the king's courts, in right of his crown and royal dignity, and therefore no other court hath authority to fine or imprison ; so that the very erection of a new jurisdiction with power of fine or imprisonment, makes it instantly a court of record.
Seite 5 - It keeps all inferior jurisdictions within the bounds of their authority, and may either remove their proceedings to be determined here, or prohibit their progress below. It superintends all civil corporations in the kingdom. It commands magistrates and others to do what their duty requires, in every case where there is no other specific remedy. It protects the liberty of the subject, by speedy and summary interposition.
Seite 50 - ... made use of upon the account or for the profit of any unqualified person...

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