Plaintiff In Error - Law Dictionary Search Results
Home Dictionary Name: plaintiff in errorplaintiff in error
plaintiff in error :a party who proceeds by writ of error : appellant ...
Plaintiff
Plaintiff [abbrev. pltf., or plff., fr. plaintif., Fr.], he who commences an action against another, who is called defendant.It includes:(i) any person from or through whom a plaintiff derives his right to sue. [Limitation Act, 1963, s. 2 (i) (i)](ii) any person whose estate is represented by the plaintiff as executor, administrator or other representative. [Limitation Act, 1963, (36 of 1963), s. 2]The word 'plaintiff' in order that the bar may be effective, include his assigns and legal representa-tives, Suraj Rattan v. Azamabad Tea Co. Ltd., AIR 1965 SC 295 (301). [Civil PC (1908), O. 9, R. 9]...
plaintiff
plaintiff [Middle French plaintif, from plaintif, adj., grieving, from plaint lamentation, from Latin planctus, from plangere to strike, beat one's breast, lament] : the party who institutes a legal action or claim (as a counterclaim) see also complainant, complaint, libellant compare defendant, prosecution ...
third-party plaintiff
third-party plaintiff : a defendant who files a third-party complaint against a third party ...
Lessor of the plaintiff
Lessor of the plaintiff. See EJECTMENT....
Third party plaintiff
Third party plaintiff, means a defendant who files a pleading in an effort to bring a third party into the law suit, Black's Law Dictionary, 7th Edn., p. 1489....
Restitution, Writ of
Restitution, Writ of. If the judgment below was reserved in a court of error, the plaintiff in error might have had a writ of restitution in order that he might be restored to all he had lost by the judgment. If execution on the former judgment had been actually executed, and the money paid over, the writ of restitution issued without any previous scire facias quare restitutionem non, suggesting the matter of fact, viz., the sum levied, etc., must have previously issued. Error is now abolished (Jud. Act, 1875, Ord. LVIII., r. 1). And, generally, if money, etc., be levied under a writ of execution, and the judgment be afterwards reversed or set aside, the party against whom the execution was sued out may have his writ of restitution; but where the judgment is set aside for irregularity, etc., restitution (when necessary) forms part of the rule; and if the goods or money be not restored, the Court will grant an attachment. A writ of restitution may also be awarded when a judgment in ejec...
complainant
complainant : the party (as a plaintiff or petitioner) who makes the complaint in a legal action or proceeding ...
petitioner
petitioner Often, the person who initiates divorce or marriage dissolution proceedings, also called the plaintiff. ...
New trial
New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis or vobis in some few cases) is by applying to the Court for a new trial, which is in substitution for a bill of exceptions. But the Court must be satisfied that there are strong probable grounds to suppose that the merits have not been fairly and fully discussed, and that the decision is not agreeable to the justice and truth of the case before they will grant a new trial.The following is a summary of the cases in which a new trial may be granted. They are all subject to the rule that in an action of contract, unless some right independent of the damages be in question, the amount in dispute must be 20l. at least for the Court to interfere.(1) Mistakes, etc., of a judge. If a judge misdirect a jury, even in a penal action, it is generally a good ground for a new trial. So if ...
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