The Law and Practice of the Sheriff's Court of the City of London; As Constituted for the Recovery of Debts and Damages

The Law and Practice of the Sheriff's Court of the City of London; As Constituted for the Recovery of Debts and Damages

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1861 edition. Excerpt: ...the General Kules of June, 1860. In all cases where the defendant is so charged in the summons, if the court shall be of opinion that the defendant has wasted the assets, the judgment shall be that the debt or damage and costs shall be levied de bonis testatoris, si, &c, et si non, de bonis propriis; and the nonpayment of the amount of the demand immediately on the court finding such demand to be correct, and that the defendant is chargeable in respect of assets shall be conclusive evidence of wasting to the amount with which he is so chargeable. Special Defences. Where defendant relies upon a set off--coverture, --statute of limitation, --discharge under the Bankrupt or Insolvent Acts, --Infancy, in each of the these six cases the defendant must deliver two written notices thereof to the clerk of the Sheriff's Court containing the particulars (see forms in Appendix) of such defence, who will transmit one of the said notices and particulars to the defendant; where defendant neglect to give such notice and particulars plaintiff at the hearing of the cause may refuse to allow such defence to be pleaded, but the judge may adjourn the same on terms, to enable the defendant to avail himself of his alleged defence. Where the plea is a tender previous to action brought, the like notice thereof must be given to the clerk of the court within the five clear days as before mentioned, the defendant must either before or at the hearing pay the amount previously tendered, and which payment may be made without costs, which plaintiff would not be entitled to if defendant established his plea. Notice to Admit, Where either party proposes to give a judgment, or any other document, whether printed or written in evidence, he may, by a demand in writing (see form in...show more

Product details

  • Paperback | 36 pages
  • 189 x 246 x 2mm | 82g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236561511
  • 9781236561510