The Common Law Reports [1853-1855]; Reports of Cases Argued and Determined in All the Superior Courts of Common Law Together with Cases Carried by Writs of Error from Those Courts to the Exchequer Chamber, or Thence by Volume 3, PT. 1

The Common Law Reports [1853-1855]; Reports of Cases Argued and Determined in All the Superior Courts of Common Law Together with Cases Carried by Writs of Error from Those Courts to the Exchequer Chamber, or Thence by Volume 3, PT. 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1855 edition. Excerpt: ...of the case to enable us to ascertain if there is any new matter requiring to be answered. It is not merely the fact that there is "new matter" which gives the right to file affidavits ill answer. It is a. matter of discretion for the Court to allow it. B_z/les Serjt., then showed cause. First, the Court or a J udge has no jurisdiction to disallow the protection, and the learned Judge, therefore, had no discretion but to discharge the defendant, and his order cannot be set aside. Jervis C. J. Clearly that is not so. The process issues out of this Court. The protecting order interferes with it; and this Court must decide on the validity of the order. There are no provisions for vacating the order in the excepted cases; and all that is enacted is, that in such cases it shall not be available. It can be rendered available only by the order of a Judge, and in gmlling or withholding it, he is to determine the validity of the order in the excepted cases He then showed cause upon the merits; and Qvain applied for leave to file atfidavits in answer, on a matter which the Court deemed immaterial, and, therefore, refused the apl: 'h0flll0l1. He was then heard in support of the rule. PER CURIAM. The rule must be absolute unless the defendant Wepts an issue of fact, in which the question should be whether, filler the money had been given to the testatrix to invest, ll W18 agreed between her and the defendant that it should bfm'' fldebt due from the defendant personally, on his secunt?' I1ly, as money due from him; the defendant (as the 'I'"f" Pmllllllrii would be upon him) to be the plaintiff; venue, liddlesex (a); and the issue to be tried after Trinity Term; otherwise, party, who defends as landlord by...show more

Product details

  • Paperback | 654 pages
  • 189 x 246 x 33mm | 1,148g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236783042
  • 9781236783042