Re Summons - Page 2 - Law Dictionary

Vendor and purchaser summons

Vendor and purchaser summons. A further innova-tion of the (English) Vendor and Purchaser Act, 1874, s. 9, replaced and extended by the (English) Law of Property Act, 1925, s. 49, enables any vendor or purchaser or upon a contract for exchange of any interest in land to apply in a summary way in respect of any requisitions or objections or claim for compensation or any other question arising out of or connected with the contract (not affecting the existence or validity), and the Court may make any order that to it may seem just, including costs. See DEPOSIT; SPECIFIC PERFORMANCE; and R.S.C. Ord. LV., r. 14A; ORIGINATING SUMMONS....

Non-summons, wager of law of

Non-summons, wager of law of, the mode in which a tenant or defendant in a real action pleaded, when the summons which followed the original was not served within the proper time, 31 Eliz. c. 3, s. 2....

Debtor's summons

Debtor's summons. See JUDGMENT-DEBTOR SUMMONS....

Summons-case

Summons-case, means a case relating to an offence, and not being a warrant-case. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2(w)]...

Bankruptcy notice

Bankruptcy notice, a notice (taking the place of the 'debtor's summons' (see that title) under the (English) Bankruptcy Act, 1869) to pay a judgment debt for any amount, non-compliance with which notice within a limited time amounts, by s. 1(1)(g) of the (English) Bankruptcy Act, 1914, to an 'act of bankruptcy.' The notice may be given by any creditor who has obtained a 'final judgment' or 'final order,' and if the debtor does not within seven days of service of the notice, if served in England, either comply with its requirements or satisfy the Court that he has a cross demand equalling or exceeding the judgment debt, and which he could not set up in the action in which judgment was obtained, he commits an 'act of bankruptcy' (see that title). Two or more debts cannot be included in one notice. A substantial defect in the notice cannot be amended [Re a Debtor, 1908 (2) KB 684]....

subpoena

subpoena also sub·pe·na [sə-pē-nə] n [Latin sub poena under penalty] : a writ commanding a designated person upon whom it has been served to appear (as in court or before a congressional committee) under a penalty (as a charge of contempt) for failure to comply compare summons also subpena vt -naed -na·ing : to call before a court or hearing by a subpoena [the inspector is given the power to any relevant…witnesses "Harvard Law Review"] ;also : to command the production of (evidence) by a subpoena duces tecum [subpoenaed documents] ...

Notice in lieu of service

Notice in lieu of service. See SUMMONS....

Notice of writ

Notice of writ, against defendant out or jurisdiction. See SUMMONS....

Notice to third party

Notice to third party, i.e., to a person not being a party to the writ of summons in an action. See also THIRD PARTY....

Act of Bankruptcy

Act of Bankruptcy, an act, the commission of which by a debtor renders him liable to be adjudged a bankrupt if the petition is presented within three months thereafter.Under s. 1 of the (English) Bankruptcy Act, 1914 (4 & 5 Geo. 5, c. 59), any one of the following acts of a debtor is an act of bankruptcy:-(a) Having made an assignment of his property in trust for his creditors generally.(b) Having made a fradulent conveyance, gift, delivery, or transfer of his property, or of any part thereof.(c) Having made a conveyance amounting to a 'fradulent preference.'(d) Having, with intent to defeat or delay his creditors, departed out of England, or being out of England, remained out of England; or having absented himself; or begun to keep house.(e) If execution against him has been levied by seizure of his goods under process in any Court or in any civil proceeding in the High Court, and the goods have been either sold or held by the sheriff for 21 days:Provided that where an interpleader su...

Re Summons - Law Dictionary Search Results