Notice Pleading - Law Dictionary Search Results
Feigned issue
supposed to be brought by consent of the parties to determine some disputed right without the formality of pleading, saving thereby both time and expense. It might be ordered either by a Court of Law of Equity, … desired to have any question of fact decided by a jury, the Court might direct a writ of summons to be sued out by such person as it thought ought to be plaintiff, against such person as
Waiver
(1989) 2 SCR 401. [Evidence Act, (10 of 1872), s. 115] The principle of waiver connotes issuance of notice and non-response thereto. Everyone has a right to waive an advantage or protection which law seeks to give … Waiver, is the abandonment of a right in such a way that the other party is entitled to plead the abandonment by way of confession and avoidance if the right is thereafter asserted, and is either express
Affidavit
aside an award, and in certain other cases must be served on the other party together with the notice of motion. Any person who has made an affidavit in any cause or matter is liable to be … of documents see Ord. XI, r. 13 of C.P.C., 1908. As to inspection of documents referred to in pleadings or affidavits, see Ord. XI, r. 15, C.P.C., 1908. Affidavit is a voluntary declaration of facts written down
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Directors
of the prospectus and that it was issued without his authority, knowledge, or consent, or otherwise by public notice that it was issued without his knowledge or consent and of the grounds for any withdrawal of consent, … company that may have come into their hands, however honestly they may have acted, and can as such plead the limitation under the Trustee Act, 1888, s. 8 [Re Lands Allotment Co., (1894) 1 Ch 616]. As
Equitable claims and defences at Common Law
and common law, the rules of equity are to prevail. In the County Court a defendant must give notice of any equitable defence he relies on. See C.C.R., Ord. X., r. 19. … and defences at Common Law; The (English) Common Law Procedure Act, 1854 (ss 83-86), enabled any defendant to plead the facts which would entitle him, if judgment were obtained against him, to relief in Equity from such
Reward
against a newspaper must be brought within six months, and with the consent of the Attorney-General. As to notice to be given to the local authority of reception, death or removal of infants kept for reward, see … attempting to take such offenders the Court may order compensation to his wife or relatives. See Archbold, Crim. Pleading, etc., 25th Edn., pp. 276 et seq. Corruptly taking a reward for helping to the recovery of stolen
Amendment
upon the return of a writ of certiorari. In these Courts no objection to any information, complaint or summons for any defect in substance or form is allowed, but if the party summoned has been deceived or … Amendment, a correction of any errors in the writ or pleadings in actions, suits, or prosecutions. The power of allowing amendments has been much extended by modern statutes and
writ
also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari … defendant before the court compare judicial writ in this entry NOTE: The original writ was superseded by the summons in 1873. peremptory writ : a writ (as of mandamus) that presents an absolute order without the alternative
Payment of Money into Court
No such plea was known to the Common Law; it is entirely the creature of Statute (Odgers on Pleading). By the (English) C.L.P. Act, 1852, s. 70, the defendant in all actions (except for assault and battery … and the names of the persons interested; and the persons who claim to be entitled then apply by summons, or, if the amount exceeds 1,000l., by petition, to have the money paid out to them. The costs
Debt
that title. Debts are assignable at law, if the assignment is absolute and in writing, where express written notice of the assignment is given to the debtor, trustee, or other person from whom the assignor would have … under a contract to deliver them. An action of debt as a technical term is now obsolete. See PLEADINGS. The order of the payment of debts and expenses out of legal assets in an ordinary administration action
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