# Précis of an Action at Common Law: Showing at a Glance the Procedure Under the Judicature Acts and Rules in an Action in the Queen's Bench, Common Pleas and Exchequer Divisions of the High Court of Justice

Butterworths, 1881 - Procedure (Law) \- 104 pages  
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### From inside the book

Page 22   
... **ment** be delivered more than six weeks after the time of appearance , unless otherwise ordered by the Court or a Judge ( Ord . 21 , r . 1 ) . Where a plaintiff delivers a claim without being re- quired to do so , the Court or a Judge may ...

Page 23   
... **ment** of claim shall show it ( Ord . 19 , r . 8 ) . Where the plaintiff seeks relief in respect of several distinct claims , or causes of complaint founded upon separate and distinct facts , they shall be stated , as far as may be ...

Page 25   
... **ment** without prejudice to his right to proceed with his action against the others ( Ord . 29 , r . 3 ) . When the plaintiff's claim is for : - 1. A debt or liquidated demand , and also 2. For detention of goods , and pecuniary dam- ages ...

Page 26   
... . Where there are several defendants and one makes default plaintiff may : - 1. Set the action down on motion for judg- **ment** against the defaulting defendant ; or may JUDGMENT for Want of Defence - continued . 2. Set 26 PRÉCIS OF AN.

Page 28   
... **ment** of claim is delivered to defendant , he must deliver his defence within eight days— ( a ) From the delivery of the claim , or ( b ) From the time limited for appearance , STATEMENT of Defence - continued . whichever shall be last ...

### Selected pages

  
Page 1

  
Title Page

  
Table of Contents

  
Index

### Contents

DISCLOSURE by Solicitors or Plaintiffs | 13  
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JUDGMENT UNDER ORDER | 21  
PAYMENT INTO COURT BEFORE DEFENCE | 27  
DISCOVERY AND INSPECTION | 34  
AMENDMENT OF STATEMENT OF CLAIM | 41  
JOINDER OF ISSUE BY PLAINTIFF | 47  
  
NOTICE OF TRIAL by Defendant | 51  
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MOTION FOR NEW TRIAL 59 | 59  
PART II | 68  
JOINDER OF CAUSES OF ACTION 74 | 74  
CHANGE OF PARTIES BY MARRIAGE DEATH C 82 | 82  
EVIDENCE BY AFFIDAVIT 8890 | 88  
  
### Common terms and phrases

2nd Edition 3rd Edition action Ord admitted affidavit amended application Articled Clerks Author Barrister-at-Law calf cause of action Chancery Common Law Concise concurrent writ containing contract Conveyancing Court or Judge default defendant appears deliver demurrer Digest direct Ord documents entitled Equity evidence Examination Journal expiration Final Examination Fisheries Forms give notice ground of defence High Court infant Inner Temple inspection interrogatories issue of fact JOINDER joinder of issue Judge Ord Judicature Acts Jurisdiction jury Law relating leave Lincoln's Lincoln's Inn ment Middle Temple motion for judgment notice of trial notice to produce Oke's Magisterial otherwise ordered party Ord plaintiff Post 8vo Probate proceedings R. A. FISHER reference relief reply Royal 8vo rules Second Edition served SERVICE of Writ set-off sewed solicitor specially indorsed statement of claim Statutes STEPHEN thereof Ord tion TREATISE Underhill unless the Court Vict writ of summons

### Popular passages

Page 71 \- If, on the hearing of such application as in the last preceding rule mentioned, it shall appear to the Court or a Judge that the causes of action are such as cannot all be conveniently disposed of in one action, the Court or a Judge may order any of such causes of action to be excluded...

Appears in 59 books from 1870-1993

Page 71 \- Claims by or against an executor or administrator as such may be joined with claims by or against him personally, provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator.

Appears in 130 books from 1870-1993

Page 38 \- ... prejudice, embarrass, or delay the fair trial of the action, and all such amendments shall be made as may be necessary for the purpose of determining the real questions or question in controversy between the parties.

Appears in 257 books from 1832-2000

Page 5 \- ... writ shall be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited...

Appears in 119 books from 1832-1997

Page 64 \-  of any defendant it shall appear that such joinder may " embarrass or delay the trial of the action, the Court or a " judge may order separate trials or make such other order as " may be expedient. And judgment may be given for such one or " more of the plaintiffs as may be found to be entitled to relief, " for such relief as he or they may be entitled to, without any 

Appears in 217 books from 1866-2007

Page 51 \- 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 in Cases where the Omission to give the Notice is in the Opinion of the Master a Saving of Expense.

Appears in 162 books from 1832-1997

Page 47 \- ... may apply to the Court or Judge to dismiss the action for want of prosecution ; and on the hearing of such application, the Court or a Judge may order the action to be dismissed accordingly, or may make such other order, and on such terms, as to the Court or Judge may seem just.

Appears in 72 books from 1843-1987

Page 35 \- ... within four days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the documents, or such of them as he does not object to produce, may be inspected at the office of his solicitor, or in the case of bankers...

Appears in 81 books from 1870-1993

Page 53 \- Any verdict or judgment obtained where one party does not appear at the trial, may be set aside by the Court or a Jndge upon such terms as may seem fit, upon an application made within six days after the trial ; such application may be made either at the assizes or in Middlesex.

Appears in 108 books from 1866-2007

Page 60 \- 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.

Appears in 98 books from 1870-1993

### Bibliographic information

Title| Précis of an Action at Common Law: Showing at a Glance the Procedure Under the Judicature Acts and Rules in an Action in the Queen's Bench, Common Pleas and Exchequer Divisions of the High Court of Justice  
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Author| Herbert E. Boyle  
Contributors| Great Britain. Court of Queen's Bench, Great Britain. Court of Common Pleas, Great Britain. Exchequer  
Publisher| Butterworths, 1881  
Original from| Oxford University  
Digitized| 26 Sep 2006  
Length| 104 pages  
Export Citation| BiBTeX EndNote RefMan