Default Summons - Page 2 - Law Dictionary

Non-summons, wager of law of

Non-summons, wager of law of, the mode in which a tenant or defendant in a real action pleaded, when the summons which followed the original was not served within the proper time, 31 Eliz. c. 3, s. 2....

Special indorsement on summons

Special indorsement on summons. See SUMMONS....

Vendor and purchaser summons

Vendor and purchaser summons. A further innova-tion of the (English) Vendor and Purchaser Act, 1874, s. 9, replaced and extended by the (English) Law of Property Act, 1925, s. 49, enables any vendor or purchaser or upon a contract for exchange of any interest in land to apply in a summary way in respect of any requisitions or objections or claim for compensation or any other question arising out of or connected with the contract (not affecting the existence or validity), and the Court may make any order that to it may seem just, including costs. See DEPOSIT; SPECIFIC PERFORMANCE; and R.S.C. Ord. LV., r. 14A; ORIGINATING SUMMONS....

Summons-case

Summons-case, means a case relating to an offence, and not being a warrant-case. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2(w)]...

subpoena

subpoena also sub·pe·na [sə-pē-nə] n [Latin sub poena under penalty] : a writ commanding a designated person upon whom it has been served to appear (as in court or before a congressional committee) under a penalty (as a charge of contempt) for failure to comply compare summons also subpena vt -naed -na·ing : to call before a court or hearing by a subpoena [the inspector is given the power to any relevant…witnesses "Harvard Law Review"] ;also : to command the production of (evidence) by a subpoena duces tecum [subpoenaed documents] ...

Bankruptcy notice

Bankruptcy notice, a notice (taking the place of the 'debtor's summons' (see that title) under the (English) Bankruptcy Act, 1869) to pay a judgment debt for any amount, non-compliance with which notice within a limited time amounts, by s. 1(1)(g) of the (English) Bankruptcy Act, 1914, to an 'act of bankruptcy.' The notice may be given by any creditor who has obtained a 'final judgment' or 'final order,' and if the debtor does not within seven days of service of the notice, if served in England, either comply with its requirements or satisfy the Court that he has a cross demand equalling or exceeding the judgment debt, and which he could not set up in the action in which judgment was obtained, he commits an 'act of bankruptcy' (see that title). Two or more debts cannot be included in one notice. A substantial defect in the notice cannot be amended [Re a Debtor, 1908 (2) KB 684]....

Notice in lieu of service

Notice in lieu of service. See SUMMONS....

Notice of writ

Notice of writ, against defendant out or jurisdiction. See SUMMONS....

Notice to third party

Notice to third party, i.e., to a person not being a party to the writ of summons in an action. See also THIRD PARTY....

Limitation of actions and prosecutions

Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...

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