Open Daily: 10am - 10pm | Alley door pickup 10am - 7pm 3038 Hennepin Ave Minneapolis, MN
612-822-4611

  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
The Practice of the Court of King's Bench in Personal Actions (Volume 1); With References to Cases of Practice in the Court of Common Pleas

The Practice of the Court of King's Bench in Personal Actions (Volume 1); With References to Cases of Practice in the Court of Common Pleas

Tidd, William

Paperback

General World History

Currently unavailable to order

ISBN10: 1151105473
ISBN13: 9781151105479
Publisher: General Books
Pages: 154
Weight: 0.63
Height: 0.33 Width: 7.44 Depth: 9.69
Language: English
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. 1807. Excerpt: ... CHAPTER XVIII. Of the Declaration. N the return of the writ, when the defendant has appeared, and filed common bail, when necessary, or put in and perfected special bail, the plaintiff in due time should declare against him. And where the defendant has been arrested upon, or served with a copy of process against the person, the plaintiff may declare de bene esse, even before the defendant has appeared: and the declaration is usually delivered before appearance, in actions against attornies and prisoners. The declaration is a legal specification of the cause of action; and in actions by original, is an exposition of the writ, with the addition of time, place, and Other circumstances And it is either in chief, or by the bye. A declaration in chief is at the suit of the same plaintiff, for the principal cause of action, or that for which the writ was sued out: A declaration by the bye is at the suit of a different plaintiff, or of the same plaintiff, for a different cause of action. In actions by bill, the plaintiff may declare in chief, as a matter of course, at any time before the end of the next term after the return of the process: - Co. Lit. 303. b. Vol. I. 3 A cessb: and if he be not ready to declare within that time, he may obtain a side-bar rule, from the clerk of the rules, for further time to declarec, until the first day of the ensuing term; a copy of which rule should be served-on the defendant's attorney, or stuck up in the King's Bench office, if the defendant have not appeared. This rule cannot in general be had, where the defendant is a prisoner1. But where, on a writ against three, one was arrested and lay in gaol, and the other two absconded, the court refused to discharge the prisoner; saying, that he must appear for all, or lie in ...

Also in

General World History

View All