Originating Summons - Law Dictionary Search Results
Originating summons
Matched in: Term Originating summons
Vendor and purchaser summons
Matched in: Term Vendor and purchaser summons
Non-summons, wager of law of
Matched in: Term Non-summons, wager of law of
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Affidavit
affidavits is still applicable (Jud. Act, 1925, s. 101). In the Chancery Division, motions and proceedings, commenced by originating summons, are heard on affidavit evidence. So applications for attachments, certiorari, criminal information, mandamus, quo warranto, and other processes
writ
defendant before the court compare judicial writ in this entry NOTE: The original writ was superseded by the summons in 1873.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 … habeas corpus, mandamus, procedendo, prohibition, quo warranto compare writ of right in this entry NOTE: Extraordinary writs were originally writs exercised by royal prerogative. judicial writ : a writ issued by a court under its own seal
Administration
difficulties have arisen in the course of administration. Orders for administration by the Chancery Division are made on originating summons, and only by the judge in person. see Trist. And Coote, Prob. Pr.; R. S. C. Ord. LV.,
Cestui que trust
is by an action in the Chancery Division (in the majority of cases instituted by way of an Originating Summons). The phrase cestui que trust is Norman-French. In Roman Law obligations analogous to trusts could only be crated
Petition
of other mattes, but many matters in which a petition was formerly necessary are now disposed of on originating summons. Consult Dan. Ch. Pr. In bankruptcy, proceedings are commenced by one or more creditors of the debtor, or
third-party recordkeeper
an accountant or bank) summoned to produce records pertaining to a tax investigation of another party NOTE: The original party is entitled to receive notice of and to challenge the issuance of a summons to a third-party
Prime Minister
Prime Minister. The statesman who in response to a summons from the King accepts the commission to form a Ministry; the Premier. The expression is of comparatively recent … from the King accepts the commission to form a Ministry; the Premier. The expression is of comparatively recent origin, dating from about the end of the eighteenth century. By a Royal warrant of December, 1905, he takes
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