Staying Proceedings - Law Dictionary Search Results
Home Dictionary Name: staying proceedings Page: 2 Page 2 of about 45 results (0.004 seconds)Anti-suit injunction
Anti-suit injunction, is a specie of injunction. When a court restrains a party to a suit/proceeding before it, from instituting or presenting a case in another court including a foreign court, Modi Entertainment Network v. W.S.G. Cricket Pvt. Ltd., (2003) 4 SCC 341....
Caveat
Caveat (let him take heed), a warning or caution. If a person desired to stop the enrolment for decree in Chancery, in order to present a petition of appeal to the Lord Chancellor, he entered a caveat with his lordship's secretary, which prevented the enrolment for 28 days. See Appeal. It is sometimes entered to prevent the issuing of a lunacy commission. It is also entered to stay certain proceedings in Admiralty, the probate of a will, letters of administration, a licence of marriage, or an institution of a clerk to a benefice. Also a synonym for a Caution (q.v.), under the (English) Land Registration Act, 1925.In Scotland any one who expects certain proceedings to be taken by another may lodge with the Clerk of court a 'caveat.' He is then entitled to be informed by the Clerk if and when the proceedings are taken.--Where an application is expected to be made or has been made, in a suit or proceeding instituted or about to be instituted, in a court, any person claiming a right to app...
Consolidating actions
Consolidating actions. If several actions between the same parties were brought, and were pending for the same cause, or substantially so, the court may stay the proceedings in all but one. And if two or more actions were brought by the same plaintiff, at the same time, against the same defendant, for causes of action which might have been joined in the same action, the court or a judge, if they deemed the proceeding vexatious or oppressive, would in general compel the plaintiff to consolidate them. Chitty's Arch. Pr. Under the Rules of the Supreme Court, actions maybe consolidated by order as before (R.S.C. 1883, Ord. XLIX., r. 8)....
Common informer
Common informer, a person who prosecutes others for breaches of penal laws, or furnishes evidence on criminal trials for no other reason than to get the penalty or a share of it; for a recent instance of an action to recover penalties, see Forbes v. Samuel, (1913) 3 KB 706. Statutes occasionally provide that no proceedings shall be taken without the leave of the Attorney-General, see, e.g., the (English) Larceny (Advertisements) Act, 1870 (33 & 34 Vict. c. 65), and the (English) Public health (Officers) Acts, 1884 and 1885. Sometimes, too, as by the (English) Larceny (Advertisements) Act, 1870, the informers have lost the benefit of their penal action by a retrospective enactment that proceedings therein be stayed in payment of their costs out of pocket. See PENAL STATUTE....
Supersedeas
Supersedeas, [Lat. 'you shall desist'] a writ that lay in a gret many cases; and signified in general a command, on good cause shown, to stay some ordinary proceedings which ought otherwise to proceed, Fitz. N.B. 236. As to traverse and supersede as of an inquisition in lunacy, see Lunacy Act, 1890, ss. 101-107; and (English) Patients Estates Rules, 1934, S.R. & O., 1934, No. 269/L2, r. 16.; Mills and Poyser, Lunacy Practice....
stet
stet [Latin, let it stand, third person singular present subjunctive of stare to stand] : an order staying all proceedings in an action used esp. in Maryland ...
Sist
To stay as judicial proceedings to delay or suspend to stop...
Aid of the King
Aid of the King [auxilium regis, Lat.], the king's tenant prays this, when rent is demanded of him by others. A city or borough, holding a fee-farm from the king, if anything be demanded which belongs to such fee-farm, may pray, in 'aid of the king,' and the king's bailiffs, collectors, or accountants shall have aid of the king. The proceedings are then stayed until the Crown counsel are heard, but this aid will not be granted after issue, because the Crown cannot rely upon the defence made by another, Termes de la Ley...
Cesset processus
Cesset processus, a stay of proceedings entered on the record....
Usual Covenants
Usual Covenants, covenants usually inserted in deeds having a similar scope to that in respect of which a question arises. The phrase occurs most frequently in connection with agreements for leases stipulating that the lease when granted shall contain 'all usual covenants.' What these are is a question of fact, but it may perhaps be laid down that at the present day covenants by the lessee to pay rent, to pay taxes, and to repair, and a qualified covenant by the lessor for quiet enjoyment (see that title), are usual, but that no others are, and in particular that the covenant not to assign or underlet without the leave of the lessor is not: see Hampshire v. Wickens, (1878) 7 Ch D 555; Re Lander, (1892) 3 Ch 41.A proviso for re-entry on breach of covenants generally is not 'usual,' but a proviso for re-entry on breach of the covenant to pay rent is: see per James, LJ, in Hodgkinson v. Crowe, (1875) LR 10 Ch 622; Re Anderton, (1890) 45 Ch D 476.Usual terms, a phrase in the Common Law pra...
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