Law Library Volume 10

Law Library Volume 10

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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. 1835 edition. Excerpt: ...upon the first day of the subsequent term, unless the defendant in error, his attorney or clerk in court shall consent to a justification before one of the barons, in which case such bail shall justify themselves before a baron, within four _days after notice of such exception given in writing to the plaintiff in error, his attorney or clerk in court; and in default of such justification, the defendant in error may proceed to execution, notwithstanding such writ of error." The mode of giving notice of justification, and making an aflidavit of the service and justifying bail in error, is the same as in the, 468 original action; but in the King's Bench an extension of 1 time is never granted to enable bail in error to justify, ( f ) unless it can be satifactorily shewn that they were prevented from attending the court, by improper conduct on the part of the defendant in error or his attorney.(g) And in the Common Pleas, time will not be allowed unless some real and substantial error in the record can be suggested.(/I) In ejectment, although the bail may be interrogated as to their sufficiency, the plaintiff in error, if he be a party to the recognizance, cannot be examined; and therefore, where the lessor of the plaintiff swore that the defendant was insolvent, and also, that he (the lessor) had a mortgage upon the land for more than it was worth, the court, nevertheless, determined, that the defendant's recognizance was sufficient to entitle him to his writ of error.(z') The rule for the allowance of the bail in error is drawn up, and a copy served on the defendant's attorney, as in other cases. THE condition of the recognizance in the Common Pleas, on a writ of error returnable in the Court of King's Bench, more

Product details

  • Paperback | 268 pages
  • 189 x 246 x 14mm | 485g
  • United States
  • English
  • black & white illustrations
  • 1236826256
  • 9781236826251