The New Practice of the Common Law

The New Practice of the Common Law

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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. 1857 edition. Excerpt: ...of the record in question. The party, whose duty it is to produce it, applies to the proper office previously for the record to be delivered to the Master of the court, and brought into court on the day appointed. Such party then mstructs counsel to move for its production, which motion may be opposed by the other side. The Master then certifies to the court that the record is produced, and the court either gives judgment of failure of record or that the party hath perfected the record. If the record produced by the defendant in support of his plea be of a different date or roll, it seems he may apply for an amendment') A declaration on a judgment has, after a plea of nul tiel record, been allowed to be amended as to the date.(') The court has also allowed an amendment, where there was a variance between the declaration and the record as to the sum recovered.(') If the court will not amend the variance, the judgment must be one of failure of record.(') Where the record pleaded has not been completed, this is no objection, and it may be completed after the plea of nul tiel record.) Where a plea in abatement is pleaded of another action pending for the same cause, it is sufficient to produce the record of a writ;(') but an application has been made to the court, in which a pratcipe only had been filed, to cancel the same.(') Where a defendant takes a preliminary objection during the trial, he is entitled to the reply as at nisi prius. (') The court will not allow the record to be impeached by affidavit; () and the party producing the record is entitled to judgment, though there may be cancellations in it.(r) So if the record show a reversal on error by consent.(') Judgment.--Judgment for the defendant is final, if nul tiel record was the only...
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Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236647637
  • 9781236647634