Default Summons - Law Dictionary Search Results
Home Dictionary Name: default summons Page: 4Writ
Writ [breve, Lat.], a judicial process, by which any one is summoned as an offender; a legal instrument to enforce obedience to the orders and sentences of the courts. For the particular writs, see their distinctive names, as assistance, capias, etc.The (English) Real Property Limitation Act, 1833, abolished all writs in real and mixed actions (except in dower unde nihil habet, quare impedit or ejectment), expressly naming sixty abolished writs (e.g., the writ of right de rationabili parte, of quo jure, of assize of novel disseisin, of entry sur disseisin in the quibus, of waste, of partition, and of per qu' servitia. See also Co. Litt.; Hargr. And Butler's Notes to s. 101, and Index to Notes, ibid. 18th Edn.The most used modern writ is the Writ of Summons, by which (corresponding to the 'Plaint' in a County Court) an action in the High Court of Justice is commenced. See SUMMONS, and for other writs in actions see EXECUTION, ELEGIT, FIERI FACIAS, POSSESSION, and VENDITIONI EXPONAS. For...
process
process 1 : a continuous operation, art, or method esp. in manufacture [whoever invents or discovers any new and useful …may obtain a patent therefor "U.S. Code"] 2 a : procedure see also abuse of process, due process b : a means (as a summons) used to compel a defendant to appear in court ;broadly : a means by which a court acquires or exercises jurisdiction over a person or property see also mesne process compare notice, service NOTE: In civil procedure, service of a summons on a defendant is considered constitutionally sufficient process, although usually a copy of the complaint must also be provided according to the local rule of procedure. ...
Appearance
Appearance, means a coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person, Black Law Dictionary, 7th Edn., p. 95.An appearance may be expressly made by formal written or oral declaration, or record entry, or it may be implied from some act done with the intention of appearing and submitting to the court's jurisdiction. 4 Am. Jur. 2d Appearance 1, at 620 (1995).Means physical appearance and not appearance through advocate, State of West Bengal v. Pranab Ranjan Roy, (1998) 3 SCC 209. [Criminal Procedure Code, 1973, ss. 167(5)(ii), 436 & 437]The word appearance is capable of having different connotations, when it is employed in different contexts. For instance where the summons or the notice issued to a party, at the initial stage, in civil proceedings, requires his appearance, it can certainly be through a recognized agent or counsel, as provided for under sub-rule (1) of Rule 1 of Order III of Civil Procedure Code. However, where the...
Indorsement of Address
Indorsement of Address. By R.S.C. 1883, Ord. IV., it is provided that the solicitor of a plaintiff suing by a solicitor shall indorse upon every writ of summons the address of the plaintiff, and also his own name or firm and place of business, and also, if his place of business shall be more than three miles from the Royal Courts of Justice, another proper place, to be called his address for service, which shall not be more than three miles from the Royal Courts, where writs, notices, etc., may be left for him; and that if he be agent of another solicitor, he shall add the name or firm and place of business of the principal solicitor. See SUMMONS...
Service out of the jurisdiction
Service out of the jurisdiction of a writ of summons may be allowed by the Court or a judge in certain specified cases, e.g., where the contract sued upon was entered into within the jurisdiction, etc., R.S.C. 1883, Ord. XI. And see ibid. for restriction upon the allowance of such service upon a defendant resident in Scotland or Ireland. As to service of a summons, ordr, or notice, see r. 8A. As to the exercise of discretion in giving leave, see Watson & Sons v. Daily Record, Ltd., (1907) 1 KB 853. There can be no service out of the jurisdiction except in the particular cases mentioned in Ord. XI., which forms a complete code on the subject....
Call of the House
Call of the House, an imperative summons sent to every member of the House of Commons, on some particular occasion, when the presence of the whole House is deemed necessary. Members not attending when their names are called are reported as defaulters, and ordered to attend on another day, when, if they still be absent, and no excuse offered, they may be committed to the custody of the sergeant-at-arms. No such call has been enforced since 1836, when there was a call on Mr. Whittle Harvey's Motion on the Pension List. Since then calls have been ordered, but afterwards discharged or negatived. Motions for a call were negatived on July, 10, 1855, and March 23, 1882, May's Parl. Pr. 11th Edn., p. 182....
Jesuits
Jesuits, members of the Society of Jesus, a Roman Catholic religious order, founded in 1534 by Ignatius Loyola and confirmed by a Bull of Paul III. in 1540, its main object being to stem the tide of the Reformation by active propaganda. The Roman Catholic Relief Act, 1829 (10 Geo. 4, c. 7), by ss. 28-37, rendered Jesuits liable to banishment on conviction on indictment from the United Kingdom, and an attempt was made in 1902 to enforce the Act. See Law Journal Newspaper, 1st Feb., 1902, for judgment of Mr. Kennedy at the Marlborough Street Police Court on refusing a summons, and R. v. Kennedy, (1902) 86 LT 753, in which the High Court held that they had to jurisdiction to compel Mr. Kennedy to issue the summons; the sections were virtually a dead letter [Re Smith, (1914) 1 Ch 937], and are now repealed as to Great Britain by the Roman Catholic Relief Act, 1926 (16 & 17 Geo. 5, c. 55). See ROMAN CATHOLICS....
Special circumstances
Special circumstances, the expression 'special cir-cumstances' is not defined in the Civil Procedure Code nor is it capable of any precise definition by the court because problems of human beings are so varied and complex. In its ordinary dictionary meaning it connotes something exceptional in character, extraordinary, significant, uncommon. It is an antonym of common, ordinary and general. It is neither practicable nor advisable to enumerate such circumstances. Non-service of summons will undoubtedly be a special circumstance, Rajni Kumar v. Suresh Kumar Malhotra, (2003) 5 SCC 315. (Civil PC, 1908, O. 37, R. 4)In its ordinary dictionary meaning it connotes some-thing exceptional in character, extraordinary, signi-ficant, uncommon. It is an antonym of common, ordinary and general. It is neither practicable nor advisable to enumerate such circumstances. Non-service of summons will undoubtedly be a special circumstance, Rajni Kumar v. Suresh Kumar Malhotra, AIR 2003 SC 1322: (2003) 5 SCC...
Signet
Signet, a seal commonly used for the sign-manual of the sovereign. See PRIVY SEAL.An elaborate hand-drawn symbol (usu. incorporat-ing a cross and notary's initials) formerly placed at base of notarial instrument, later replaced by a seal, Black's Law Dictionary, 7th Edn., p. 1387.In Scotland, before the Administration of Justice (Scotland) Act, 1933, was passed, the 'will,' an essential part of a summons before the Court of Session, was required to be signed by a Writer to the Signet (q.v.). the summons must be sealed at the Signet Office before service, or founding action.[Latin, is he has signified]...
Bill in Chancery, or Bill in Equity
Bill in Chancery, or Bill in Equity, a printed or written statement of a plaintiff's case, in the nature of a petition to the Court, praying for some redress.For the descriptions of the several bills, see their distinctive names, as PEACE, BILL OF.Bills are now abolished, and all actions in the High Court are now commenced by writ of summons, followed in certain cases by a statement of claim (R.S.C. 1883). See STATEMENT OF CLAIM; WRIT OF SUMMONS; and PLEADING....
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