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Warrant of Attorney

for the party executing it, and receive a statement of claim for him in an action at the suit of a person therein mentioned, and thereupon to confess the same, or to suffer judgment to pass by … judgment to pass by default and to permit judgment to be entered up against him. The practice of giving warrants of attorney is seldon resorted to. A warrant of attorney may be executed as a security for

Institutions

be employed in carrying on lawsuits. Title XI. treats of the security required to the parties to a suit, or such as appear for them. Title XII. sets forth the nature of temporary or perpetual Actions, and … and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters). The Institutes are divided into

Specific performance

the partnership stock consisted, whether that stock be land or any other kind of property. (5) Where a suit is brought for the execution of a verbal agreement fully set forth in the plaintiff's claim, and the … enforces, pursuant to a regulated and judicial discretion, the actual accomplishment of a thing stipulated for, on the ground that what is lawfully agreed to be done ought to be done, and that damages at law for

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Habeas corpus ad subjiciendum

(otherwise than for some criminal or supposed criminal matter, or for debt, or by pro-cess in any civil suit), any judge of the King's Bench Division of the High Court 'shall, upon probable and reasonable ground for … supported by an affidavit of the facts. (See (English) Crown Office Rules, 1906, rr. 216-230.) If a probable ground be shown that the party is imprisoned without a cause and has a right to be delivered, this

Wager

by parol or in writing, by way of gaming or wagering, shall be null and void; and no suit shall be brought or maintained in any court of law or equity for recovering any sum of money … Wager, a contract by A. to pay money to B. on the happening of a given event, in consideration of B. paying money to him on the event not happening; and see the elaborate

Execution

Execution, the last state of a suit whereby possession is obtained of anything recovered by a judgment. It is styled final process, and is regulated … R.S.C. 1883, Ord. XLII., r. 17(b), the Court or a judge may, at or after the time of giving judgment or making an order, stay execution until such time as they or he shall think fit. As

Receiver

p. 403, pp. 801. Receiver. (1) An officer appointed by the court to collect rents, etc., pending a suit. Receivers are appointed in actions for administration; in actions by mortgages or against trustees or executors; in actions … or against trustees or executors; in actions between partners for winding up the partnership business, and in a great many other cases. (2) A mortgagee may also appoint a receiver of the mortgaged property, if empowered so

Consideration

for refusing specific performance, Pegler v. White, 33 Beav 403. (b) Forbearance for a time to institute a suit upon a well-founded claim, or even upon one which is doubtful, but not upon one utterly unfounded, is … promise should be equivalent in actual value, for it would be impossible precisely to determine whether, in a given case, the consideration were adequate, without a psychological investigation into the motives of the parties. If the consideration,

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