The Law and Practice of the High Prerogative Writ of Mandamus: As it Obtains Both in England, and in Ireland

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W. Benning and Company, 1848 - 501 páginas
 

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Página 390 - ... such court or judge, in any civil action, or in any information in the nature of a quo warranto, or proceedings on a mandamus, when any variance shall appear between the proof and the recital or setting forth on the record, writ, or document, on which the trial is proceeding, of any contract, custom, prescription, name, or other matter, in any particular or particulars in the judgment of such court or judge not material to the merits of the case, and by which the opposite party cannot have been...
Página 390 - That it shall be lawful for any court of record, holding plea in civil actions, and any judge sitting at nisi prius, if such court or judge shall see fit so to do, to cause the record, writ or document on which any trial may be pending before any such court or judge, in any civil action, or in any information in the nature of a quo...
Página 450 - London, the town council of any borough for the time being subject to the act of the session of the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, intituled " An Act to provide for the Regulation of Municipal Corporations in England and Wales...
Página 391 - Court or judge shall think reasonable ; and after any such amendment the trial shall proceed, in case the same shall be proceeded with in the same manner in all respects, both with respect to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance had appeared ; and in case such trial shall be had at nisi prius...
Página 448 - ... of the action in such manner as the court (or any judge thereof) may order or direct. —it shall be lawful for the court, or any judge thereof, to make rules and orders, calling upon such third party *to appear and to state the nature and particulars of his claim, and maintain or relinquish * his...
Página 391 - Records or Writ issued, as it may be necessary to amend, shall be amended accordingly ; and in case the Trial shall be had in any Court of Record, then the Order for Amendment shall be entered on the Roll or other Document upon which the Trial shall be had...
Página 390 - ... which it may become necessary to amend, on such terms as to postponing the trial to be had before the same or another jury, as such court shall think reasonable...
Página 442 - Printing-House, between the hours of ten in the morning and two in the afternoon, to preach eight Divinity Lecture Sermons, the year following, at St.
Página 446 - An Act for rendering the Proceedings upon Writs of Mandamus and Informations in the Nature of a Quo Warranto more speedy and effectual, and for the more easy trying and determining the Rights of Offices and Franchises in Corporations and Boroughs...
Página 448 - ... make himself defendant in the same or some other action, or to proceed to trial on one or more feigned issue or issues, and also to direct which of the parties shall be plaintiff or defendant on such trial, or, with the consent of the plaintiff and such third party, their counsel or...

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