Re Summons - Law Dictionary Search Results
Home Dictionary Name: re summons Page: 4Writ
Writ [breve, Lat.], a judicial process, by which any one is summoned as an offender; a legal instrument to enforce obedience to the orders and sentences of the courts. For the particular writs, see their distinctive names, as assistance, capias, etc.The (English) Real Property Limitation Act, 1833, abolished all writs in real and mixed actions (except in dower unde nihil habet, quare impedit or ejectment), expressly naming sixty abolished writs (e.g., the writ of right de rationabili parte, of quo jure, of assize of novel disseisin, of entry sur disseisin in the quibus, of waste, of partition, and of per qu' servitia. See also Co. Litt.; Hargr. And Butler's Notes to s. 101, and Index to Notes, ibid. 18th Edn.The most used modern writ is the Writ of Summons, by which (corresponding to the 'Plaint' in a County Court) an action in the High Court of Justice is commenced. See SUMMONS, and for other writs in actions see EXECUTION, ELEGIT, FIERI FACIAS, POSSESSION, and VENDITIONI EXPONAS. For...
process
process 1 : a continuous operation, art, or method esp. in manufacture [whoever invents or discovers any new and useful …may obtain a patent therefor "U.S. Code"] 2 a : procedure see also abuse of process, due process b : a means (as a summons) used to compel a defendant to appear in court ;broadly : a means by which a court acquires or exercises jurisdiction over a person or property see also mesne process compare notice, service NOTE: In civil procedure, service of a summons on a defendant is considered constitutionally sufficient process, although usually a copy of the complaint must also be provided according to the local rule of procedure. ...
Appearance
Appearance, means a coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person, Black Law Dictionary, 7th Edn., p. 95.An appearance may be expressly made by formal written or oral declaration, or record entry, or it may be implied from some act done with the intention of appearing and submitting to the court's jurisdiction. 4 Am. Jur. 2d Appearance 1, at 620 (1995).Means physical appearance and not appearance through advocate, State of West Bengal v. Pranab Ranjan Roy, (1998) 3 SCC 209. [Criminal Procedure Code, 1973, ss. 167(5)(ii), 436 & 437]The word appearance is capable of having different connotations, when it is employed in different contexts. For instance where the summons or the notice issued to a party, at the initial stage, in civil proceedings, requires his appearance, it can certainly be through a recognized agent or counsel, as provided for under sub-rule (1) of Rule 1 of Order III of Civil Procedure Code. However, where the...
Indorsement of Address
Indorsement of Address. By R.S.C. 1883, Ord. IV., it is provided that the solicitor of a plaintiff suing by a solicitor shall indorse upon every writ of summons the address of the plaintiff, and also his own name or firm and place of business, and also, if his place of business shall be more than three miles from the Royal Courts of Justice, another proper place, to be called his address for service, which shall not be more than three miles from the Royal Courts, where writs, notices, etc., may be left for him; and that if he be agent of another solicitor, he shall add the name or firm and place of business of the principal solicitor. See SUMMONS...
Service out of the jurisdiction
Service out of the jurisdiction of a writ of summons may be allowed by the Court or a judge in certain specified cases, e.g., where the contract sued upon was entered into within the jurisdiction, etc., R.S.C. 1883, Ord. XI. And see ibid. for restriction upon the allowance of such service upon a defendant resident in Scotland or Ireland. As to service of a summons, ordr, or notice, see r. 8A. As to the exercise of discretion in giving leave, see Watson & Sons v. Daily Record, Ltd., (1907) 1 KB 853. There can be no service out of the jurisdiction except in the particular cases mentioned in Ord. XI., which forms a complete code on the subject....
Acceptance of service
Acceptance of service of writ of summons by solicitor in lieu of personal service on defendant. See R. S. C., Ord. IX., r. 1. Where with the authority of the defendant his solicitor accepts service of a writ and gives a written undertaking to 'enter an appearance in due course,' that undertaking is unconditional and must be performed forthwith, and at the instance of the plaintiff it can be enforced by attachment of the solicitor under R. S. C., Ord. XII., r. 18 [In re Kerly, (1901) 1 Ch 467]. It is necessary for the solicitor to have his client's authority [Re Gray, (1891) 65 LT 743]; and unless an undertaking to appear is given, personal service cannot be dispensed with [The Anna, (1891) 64 LT 332]; personal service also is requisite in divorce proceedings, De Niceville v. De Niceville, (1877) 37 LJ Mat 43....
Unus Nullus Rule, The
Unus Nullus Rule, The, the rule of evidence which obtains in the Civil Law, that the testimony of one witness is equivalent to the testimony of none. See Best on Evidence, bk. 3, pt. 2, c. 10, and CORROBORATION. In our law corroboration is required in an action for breach of promise of marriage and on a summons for an affiliation order, and two witnesses are required on an indictment for treason or perjury, and for attestation of a will. The unsupported evidence of an accomplice, though legally admissible, is usually rejected by a jury under the direction of the judge [In re Meunier, (1894) 2 QB 415]; the same procedure will usually apply to the uncorroborated testimony of a party in divorce proceedings or the claimant of an estate. With these exceptions, the rule of our law is that witnesses are weighed, not counted,- 'ponderantur testes, non numerantur.'...
Challenge
An invitation to engage in a contest or controversy of any kind a defiance specifically a summons to fight a duel also the letter or message conveying the summons...
Bill in Chancery, or Bill in Equity
Bill in Chancery, or Bill in Equity, a printed or written statement of a plaintiff's case, in the nature of a petition to the Court, praying for some redress.For the descriptions of the several bills, see their distinctive names, as PEACE, BILL OF.Bills are now abolished, and all actions in the High Court are now commenced by writ of summons, followed in certain cases by a statement of claim (R.S.C. 1883). See STATEMENT OF CLAIM; WRIT OF SUMMONS; and PLEADING....
District Registry
District Registry. By the (English) Judicature Act, 1925, s. 84, replacing the (English) Judicature Act, 1873, s. 60, it is provided that to facilitate proceedings in country districts the Crown may, from time to time, by Order in Council, create district registries and appoint district registrars for the purpose of issuing writs of summons and for entertaining proceedings generally in an action down to and including entry for trial. Documents sealed in any such district registrary are to be received in evidence without further proof; and the district registrars may administer oaths or do other things as provided by rules or a special order of the Court (s. 62). Power, however, is given to a judge to remove proceedings from a district registry to the Office of the High Court; and see generally, (English) Judicature Act, 1925, ss. 84-87, and Judicature Act, 1873, ss. 74 and 66, which are still unrepealed. By Order in Council of 12th of August, 1875, a number of district registries have ...
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