The Common Law Procedure ACT, 1854, (17 & 18 Vict., Cap. 125, ) with Practical Notes: An Introduction, Explaining the Nature and Extent of the Equitable Jurisdiction Conferred on the Superior Courts of Common Law; The Changes Effected in the Law of Eviden
The Common Law Procedure ACT, 1854, (17 & 18 Vict., Cap. 125, ) with Practical Notes: An Introduction, Explaining the Nature and Extent of the Equitable Jurisdiction Conferred on the Superior Courts of Common Law; The Changes Effected in the Law of Eviden
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. 1854 edition. Excerpt: ...of the case (Bate v. Kensey, 1 C. M. & R. 38. Doe v. Lord, 7 Ad. & El. 610. Higgins v. Nicholls, 7 Dowl. 551). The grounds on which a rule nisi was granted, were not in these cases specified in the rule itself. They must now be set forth, so that the courts may see fit to allow the rule to be made absolute ...
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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. 1854 edition. Excerpt: ...of the case (Bate v. Kensey, 1 C. M. & R. 38. Doe v. Lord, 7 Ad. & El. 610. Higgins v. Nicholls, 7 Dowl. 551). The grounds on which a rule nisi was granted, were not in these cases specified in the rule itself. They must now be set forth, so that the courts may see fit to allow the rule to be made absolute only on the grounds on which it was obtained. On an appeal under the following sections, the appellant will, doubtless, be confined to the grounds stated in the rule nisi. The grounds on which the rule is granted are to be stated in the rule. If the rule be refused, there is also an appeal against the refusal (s. 34); and it would appear, that the appellant will, in the latter case also, be confined to the grounds stated in his application to the court below, as "the judgment objected to" is to be set forth in the appeal case (s. 39). APPEAL ON MOTIONS TO ENTER A VERDICT OR NONSUIT, OR FOR A NEW TRIAL. 34. In all cases of rules to enter a verdict or nonsuit upon a point reserved at the trial, if the rule to show cause be refused or granted and then discharged or made absolute, the party decided against may if rule nisi-r' refused appeal. party may This section is evidently framed, as, indeed, it was intended, to give an appeal where points of law were reserved on a trial by jury (introduction, p. xlv). There seems to be no reason, however, why leave to enter a verdict or a nonsuit should not be reserved in the case of a trial by a judge or the court under s. 1. The Court of Queen's Bench is to be the Court of Appeal, for the purposes of this section, in reference to motions for new trials, or to enter verdicts or nonsuits, which were previously made to the judges of the respective courts of common pleas at Lancaster and court of pleas at Durham...
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All Editions of The Common Law Procedure ACT, 1854, (17 & 18 Vict., Cap. 125, ) with Practical Notes: An Introduction, Explaining the Nature and Extent of the Equitable Jurisdiction Conferred on the Superior Courts of Common Law; The Changes Effected in the Law of Eviden