Procedural Default - Law Dictionary Search Results
Escheat
So, while forfeiture affects the rents and profits only, escheat operates on the inheritance. Escheat arose then, from default of heirs, when the tenant died without any lawful and natural born relations on the part of any … BONA VACAN-TIA. The title of the Crown was ascertained by inquiry regulated by rules under the (English) Escheat Procedure Act, 1887 (50 & 51 Vict. c. 53), which repealed, as practically inoperative, the numerous statutes from 29
Summons
attend on a given date of answer the plaintiff'' claim. See County Court Rules, 1936, Ord. VIII., and DEFAULT SUMMONS. The attendance of witnesses is enforced by summons (Ord. XX., r. 8). … one party brings the other before a judge (or a master) to settle matters of detail in the procedure of a suit; as, for directions; to modify pleadings when inconvenient, to require security for costs, to change
Intoxicating liquor
together with any depreciation in trade fixtures. It is to be paid to 'the persons interested,' and in default of agreement between them and quarter sessions the amount of it is to be determined by the Commissioners … licence), have special privileges (see Sched. II.). Before 1904 justices had an absolute discretion (subject to compliance with procedure as to notices, etc.) to refuse to renew the general 'public-house licence' (Sharpe v. Wakefield, 1891, AC 173),
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Frauds, Statute of
his own estate; or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriages of another person, or to charge any person upon any agreement made upon considera-tion of marriage … repealed by the following (English) statutes: Wills Act, 1837 (7 Will. 4 and 1 Vict. c. 26); Civil Procedure Act, 1879 (42 & 43 Vict. c. 59); Statute Law Revision and Civil Procedure Act, 1881 (44 &
Recovery
tenant-in-tail and craved leave to imparl with him outside the Court. In his absence judgment was given by default that the lands belonged to the demandant in fee-simple and that the common vouchee must give lands of … of equal value, and (b) the law of warranty as applied in actions for recovery of land. The procedure in such an action for the recovery of land was as follows: X. brought a writ of recovery
bond
surety agrees to assume responsibility for the performance of an obligation of another in the event of a default b : one who acts as a surety 2 : an interest-bearing document giving evidence of a debt … which the person may have no control. appeal bond : a cost bond required by a rule of procedure (as Federal Rule of Appellate Procedure 7) to be given by an appellant in order to cover the
Limitation of actions and prosecutions
execution or intended execution of any Act of Parliament, or public duty or authority, or any neglect or default in execution thereof, are limited to six months [(English) Public Authorities Protection Act, 1893 (56 & 57 Vict. … succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37
Cause of action
the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 … influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)] --It is only that court in whose jurisdiction the 'cause of action'
Entitled to act
to act. (ii) in every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint … the conduct thereof. (iii) the provisions of Order 32 of the First Schedule to the Code of Civil Procedure, 1908 shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by
Ejectment
to appear at a certain time and defend his title, otherwise he, Richard Roe, would suffer judgment by default, by which the actual tenant would be turned out of possession by the sheriff under a writ of … defendant, the casual ejector Richard Roe having withdrawn). See A Cent. of Law Reform, p. 124. This fictitious procedure was abolished by the C.L.P. Act, 1852, which substituted a simple writ claiming the land sought to be
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