Report of Cases Argued and Determined in the English Courts of Common Law Volume . 26 download

Report of Cases Argued and Determined in the English Courts of Common Law Volume . 26. Books Group

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Author: Books Group
Number of Pages: 326 pages
Published Date: 01 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Type: eBook
ISBN: 9781231242896
File size: 47 Mb
File Name: Report.of.Cases.Argued.and.Determined.in.the.English.Courts.of.Common.Law.Volume...26.pdf
Download Link: Report of Cases Argued and Determined in the English Courts of Common Law Volume . 26
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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. 1853 Excerpt: ... and Wood, against the rule, then contended that in fact there was full notice for the sittings after term, there having been thirteen days, which was more than suflicient. But' on inquiry it appeared that though there were thirteen days from the notice to the time the cause was actually tried, there was not suficient notice to the first of the sittings, which the Court held to be necessary. Rule absolute. Where a judgment by default is set aside on payment of costs, the plaintifi is to be placed in the same situation as if it had not been set aside. GIBBS obtained a rule to set aside a judgment on payment of costs. Sir T. Davenport showed cause, and consented to the rule being absolute, on giving plaintiff judgment of the term. Gibbs contended that the Court would only put the plaintifi' in the same situation as if the irregularity for which the judgment had been signed had not been committed, in which case plaintiff could only have gone to trial after term, and had his judgment next term. But the Court said that the rule was to put him in the same situation as if the judgment had not been set aside, and as he might have executed his writ of inquiry so as to have judgment of this term, Sir Thomas's proposal was reasonable. ' 8. C., cited 1 Tidd's Pr. 615, 8th ed. CAWTHORNE v. THOMPSON and Another.' June 28. In an action for an assault against two defendants, they agreed to consolidate the costs. One let judgment go by default, and the other pleaded. After verdict for the latter, and 1: . damages against the former, the Court allowed the costs to be set otf. ACTION for an assault. One of the defendants pleaded, and the other let judgment go by default. There was a verdict for the defendant who pleaded, and ls. damages were...

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