A Treatise on the Law of Costs in Actions & Other Proceedings in the Courts of Common Law at Westminster

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E. Lumley, 1853 - 611 páginas
 

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Página 140 - ... action is brought, or the said judge at chambers, may thereupon, by rule or order, direct that the plaintiff shall recover his costs...
Página 247 - Act, the Defendant or Defendants in such Action or Suit may plead the General Issue, and give this Act and the Special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Act...
Página 516 - ... shall be payable, shall be deemed judgment creditors within the meaning of this act ; and all powers hereby given to the judges of the superior courts of common law with respect to matters depending in the same courts, shall and may be exercised by courts of equity with respect to matters therein depending, and...
Página 250 - ... otherwise ; and notice in writing of such action and of the cause thereof shall be given to the defendant one month at least before the commencement of the action...
Página 355 - ... the cause or matter may be, unless at the trial or hearing the Court or a Judge shall certify that the refusal to admit was reasonable ; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense 3.
Página 213 - ... action shall be tried to certify on the record that the validity of the letters patent in the declaration mentioned came in question ; and the record, with such certificate, being given in evidence in any suit or action for infringing the said letters patent...
Página 145 - That it shall not be lawful for any Plaintiff to divide any Cause of Action for the Purpose of bringing Two or more Suits...
Página 128 - ... costs whatever, whether it shall be given upon any issue or issues tried, or judgment shall have passed by default, unless the judge or presiding officer before whom such verdict shall be obtained shall immediately afterwards certify on the back of the record, or on the writ of trial or writ of inquiry, that the action was really brought to try a right besides the mere right to recover damages for the trespass or grievance for which the action shall have been brought, or that the trespass or...
Página 28 - ... or his attorney, if required by the court or judge, to the effect that he is advised and believes that he has just ground to traverse the several matters proposed to be traversed by him, and that the several matters sought to be pleaded as aforesaid by way of confession and avoidance are respectively true in substance and in fact, and that he is further advised and believe...
Página 103 - Jury that shall enquire of the Damages, do find or assess the Damages under forty Shillings, then the Plaintiff or Plaintiffs in such Action, shall have and recover only so much Costs as the Damages so given or assessed amount unto, without any further Increase of the same ; any Law, Statute, Custom or Usage to the contrary in any wise notwithstanding.

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