Inhaltsangabe
Excerpt from The Practice of the Court of King's Bench in Personal Actions, Vol. 1 of 2: With References to Cases of Practice in the Court of Common Pleas
Subordinate to these principal proceedings, there are others Of an auxiliary nature, Which oc cur in the course Of a suit; such as, in bailable actions, the arrest and bail-bond, with the pro ceedings thereon, or against the sheriff, to corn pel him to return the writ or bring in the body. These happen before the plaintiff has declared absolutely. After declaration and before plea, the defendant, in order to prepare for his de fence, is under circumstances allowed to crave oyer of deeds, 8c. Or copies Of written instru ments, call for the particulars Of the plaintiff's demand, or Claim inspection Of public books,' court-rolls, 8c. Or he may move the court to Change the venue, consolidate actions, strike out superfluous counts, or bring money into court. After issue and before trial, the plaintiff Should give notice Of trial, sue out the jury-process, and make up and pass the record Of nisiprius; and each party should prepare a brief for coun sel, and subpoena his witnesses. After trial and before judgment, the unsuccessful party may move the court for anew trial, or in arrest of judgment, or for judgment non obstante veredicto a repleader, or venirefaciae de novo.
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Excerpt from The Practice of the Court of King's Bench in Personal Actions, Vol. 1 of 2: With References to Cases of Practice in the Court of Common Pleas
By way of introduction to the following work, it may not be improper to take a cursory view of the proceedings in personal actions in the court of King's-Bench, and the practice by which they are regulated, from the commencement of the suit to the obtaining of final judgment and execution.
The principal proceedings in an action in this court are first, the process, to bring the defendant into court; secondly, his appearance and bail; thirdly, the pleadings, beginning with the declaration; fourthly, the issue; fifthly, the trial, or determination of the issue; sixthly, the judgment; and seventhly, the execution: To which may be added, the proceedings in scire facias to revive the judgment, or in error to reverse it; though these are rather to be considered as distinct actions, growing out of, than as parts of the original suit.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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