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bill

by the plaintiff) and who has no interest in the subject matter and no preference as to which defendant prevails called also strict bill of interpleader compare bill in the nature of interpleader in this entry interpleader

Default summons

Summons is only applicable to liquidated demands between 2l. and 10l., and is not available against a working-class defendant, except in the case of a trade debt, where the claim exceeds 5l. The plaintiff can sign judgment

New trial

cause is, by mistake, entered in a wrong list, and the cause is tried as undefended in the defendant's absence. (3) Default or misconduct of the jury. If a juror has been sworn by a wrong surname,

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Deliverance, second, writ of

Deliverance, second, writ of. The judgment of non pros. In replevin at Common Law is, that the defendant shall have a return of the goods replevied, and his costs. The plaintiff, however, is not prevented by

Detinue

time of action brought) in personal goods, which are capable of being ascertained; (2) a possession in the defendant by bailment, finding, etc.; (3) an unjust detention on the part of the defendant. The form of action

Foreign Attachment

Foreign Attachment, a custom which prevails in the city of London, whereby a debt owing to a defendant, sued in the Court of the Mayor or Sheriff, may be attached in the hands of the debtor.

In pari delicto potior est conditio possidentis

the condition of the possessor is the more favourable.) Where both parties are equally in the wrong, the defendant holds the stronger ground. The law will take notice of an illegal transaction to defeat a suit, not

Negligence

of God, or under statutory sanction positively enjoining the act causing damage; even in this last-mentioned case the defendant would still be under a special duty to take precautions, as held in the Dominion case, ubi supra.

Service

by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must

Plea

Plea [fr. plee, Fr.]. this was the name of a defendant's answer of fact to a plaintiff's declaration; anciently a suit or action. Pleas were divided into common pleas,

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