The Supreme Court of Judicature Acts, 1873, 1875, & 1877; The Appellate Jurisdiction ACT, 1876. and the Rules, Orders, and Costs Thereunder

The Supreme Court of Judicature Acts, 1873, 1875, & 1877; The Appellate Jurisdiction ACT, 1876. and the Rules, Orders, and Costs Thereunder

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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. 1877 edition. Excerpt: ...whom he is entitled to relief, apply to the Court or a Judge for leave to issue execution against such party. And the Court or Judge may, if satisfied that the right to relief has arisen according to the terms of the judgment, order that execution issue accordingly, or may direct that any issue or question necessary for the determination of the rights of the parties be tried in any of the ways in which questions arising in an action may be tried. (a) Piper v. Piper, W. N. 1876, 202. 8. Where a judgment is against partners in the name of a firm, execution may issue in manner following: ' (a.) Against any property of the partners as such: (1).) Against any person who has admitted on the pleadings that he is, or has been adjudged to be a partner: ' (0.) Against any person who has been served, as a partner, with the writ of summons, and has failed to appear. If the party who has obtained judgment claims to be entitled to issue execution against any other person as being a member of the firm, he may apply to the Court or a Judge for leave so to do; and the Court or Judge may give such leave if the liability be not disputed, or if such liability be disputed, may order that the liability of such person be tried and determined in any manner in which any issue or question in an action may be tried and determined. 9. No writ of execution shall be issued without the pro duction to the ofiicer by whom the same should be issued, of No wit of ex the judgment upon which the writ of execution is to issue, or an oiiice copy thereof, showing the date of entry. And the oflicer shall be satisfied that the proper time has elapsed to entitle the judgment creditor to execution. But in Bolton v. Ilnltun the plaintiff having given notice of discontinuance, and the...show more

Product details

  • Paperback | 368 pages
  • 189 x 246 x 19mm | 658g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236855795
  • 9781236855794