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Certiorari

if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant

Wrongful detention and wrongful confinement

in wrongful detention is based on a wrongful withholding or to the plaintiff's goods. It depends on the defendant being in possession of the plaintiff's goods. If such a defendant, without any right so to do, withholds

Usual Covenants

the Common Law practice, which meant pleading issuably, rejoining gratis, and taking short notice of trial. When a defendant obtained further time to plead, these were the terms usually imposed. The phrase is often used informally upon

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Use and occupation, Action for

by deed, to recover a reasonable satisfaction for the lands, tenements, or hereditaments held or occupied by the defendant in an action on the case, for the use or occupation of what was so held or enjoyed;

True copy

of an election petition and the affidavit filed in support of the allegations of corrupt practice on the respondent in the election petition is to enable the respondent to understand the charge against him so that he

Traversing Note

been entered, might, in default of answer to interrogatories which had been filed for the examination of the defendant, proceed with his cause by filing a traversing note as to such defendant, Dan. Ch. Pr., 5th Edn.

Tolling agreement

Tolling agreement, means an agreement between a potential plaintiff and a potential defendant by which the defendant agrees to extend the statutory limitations period on the plaintiff's claim, usually, so that

Time

Ch D 616, and Dickinson v. Dodds, (1876) 2 Ch D 463, C.A. In the latter case the defendant on a Wednesday by signed writing offered his house to the plaintiff for 800l., adding in a P.S.,

Supreme Court of Judicature

the country for the transaction of litigious business up to actual trial; counter-claims, and the power of a defendant to bring in 'third parties,' were introduced; new rules of pleading, intending to combine the brevity of the

Substituted service

Substituted service, of a writ of summons, service on some person representing the defendant, instead of on the defendant personally. See R.S.C. 1883, Ord. X. Leave is given sometimes to effect the

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