Issuable - Law Dictionary Search Results
Home Dictionary Name: issuableIssuably
In an issuable manner by way of issue as to plead issuably...
Issuable terms
Issuable terms. Hilary and Trinity were so called because in them issues were made up for the assizes. But for town causes all the four terms were issuable. The division of the legal year into terms is now abolished, so far as relates to the administration of justice (Jud. Act, 1873, s. 26). See R.S.C., Ord. LXIII....
issuable
issuable 1 : open to contest, debate, or litigation [an fact] ;also : made on the merits and subject to dispute [an plea] [an defense] 2 : authorized for issue [bonds under the merger terms] ...
Issuable plea
Issuable plea, a plea on which a plaintiff may take issue, and go to trial upon the merits. See now STATEMENT OF DEFENCE....
Non-issuable pleas
Non-issuable pleas, those upon which a decision would not determine the action upon the merits, as a plea in abatement. See PLEADING....
Commission of rebellion
Commission of rebellion, an attaching process, formerly issuable out of Chancery, to enforce obedience to a process or decree; abolished by Order of 26th August, 1841....
De nocumento Amovendo
De nocumento Amovendo. A writ for an order in abatement of nuisance issuable out of the Crown Office upon or after conviction of the defendant upon indictment. Hals. L. of E., title HIGHWAY, ETC., referring to Short and Mellor, Pr. Of the Crown Office, 2nd ed., p. 560....
Quo warranto
Quo warranto, a writ issuable out of the King's Bench Division of the High Court of Justice, in the nature of a writ of right for the Crown against him who claims or usurps any office, franchise, or liberty to inquire 'by what authority' he supports his claim, in order to determine the right. It lies also in case of non-user or long neglect of a franchise, or mis-user or abuse of it, whereby it is forfeited.This proceeding was, until 1872, the one generally adopted for the purpose of trying the right to be elected to municipal offices, but the (English) Corrupt Practices (Municipal Elections) Act, 1872, by s. 12, replaced by the (English) Municipal Corporations Act, 1882, s. 87 [see now s. 71 of the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51)], substituted an election petition in the cases where an election is sought to be questioned on the ground of bribery, etc., disqualification, or undue return. By s. 84 of the Act of 1933, proceedings must be instituted within six...
Usual Covenants
Usual Covenants, covenants usually inserted in deeds having a similar scope to that in respect of which a question arises. The phrase occurs most frequently in connection with agreements for leases stipulating that the lease when granted shall contain 'all usual covenants.' What these are is a question of fact, but it may perhaps be laid down that at the present day covenants by the lessee to pay rent, to pay taxes, and to repair, and a qualified covenant by the lessor for quiet enjoyment (see that title), are usual, but that no others are, and in particular that the covenant not to assign or underlet without the leave of the lessor is not: see Hampshire v. Wickens, (1878) 7 Ch D 555; Re Lander, (1892) 3 Ch 41.A proviso for re-entry on breach of covenants generally is not 'usual,' but a proviso for re-entry on breach of the covenant to pay rent is: see per James, LJ, in Hodgkinson v. Crowe, (1875) LR 10 Ch 622; Re Anderton, (1890) 45 Ch D 476.Usual terms, a phrase in the Common Law pra...
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