Summary Judgment - Law Dictionary Search Results
Civil Law
them by heart. Cicero, in his book De Oratore, describes the law of the Twelve Tables as a summary of all that is excellent in the libraries of the philosophers. The Laws of the Twelve Tables were … law, whose opinions appeared collected in the body of it'as Papiniah, Paulus, and Ulpian'sat in the seat of judgment in this island. After the declension of the Roman empire, the Saxon, Danish, and Norman laws superseded a
Conviction
R. v. Blaby, (1894) 2 QB 170. As to the powers of justices to convict summarily, see the Summary Jurisdiction Acts of 1848 and 1879, amended by the Criminal Justice Administration Act, 1914, (English) Criminal Justice Act, … though no punishment follows, e.g., where he is let out on his own recognizances to come up for judgment when called on, R. v. Blaby, (1894) 2 QB 170. As to the powers of justices to convict
Justices
Supreme Court are called justices, but the word is usually applied to petty magistrates who sit to administer summary justice in minor matters, and who are commonly called justices of the peace. They were first appointed in … Justices, officers deputed by the Crown to ad-minister justice and do right by way of judgment. The judges of the Supreme Court are called justices, but the word is usually applied to petty magistrates
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Wages
for their wages; they may enforce their claim by an action in rem or in personam. Courts of Summary Jurisdiction are given jurisdiction to try cases where wages not exceeding 50l. are claimed by a seaman (Merchant … if he were of full age. Wages of any 'servant, labourer, or workman' cannot be attached to satisfy judgments, (English) Wages Attachment Abolition Act, 1870 (33 & 34 Vict. c. 30). Seamen have a lien on the
Recognisance
Wilkins, (1907) 2 KB 380. See also R. v. Sandbach, Ex p. Williams, (1935) 2 KB 192, and Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 31, sub-s. 3, as amended by Summary Jurisdiction … whom he is surety, shall appear at the assizes to prosecute a person, or to come up for judgment when called upon, or shall prosecute an appeal, or shall be of good behaviour, commonly called 'binding over.'
Audita querela [defendentis]
but had not any other means to take advantage of it. By the indulgence of the Courts, a summary relief upon motion has in most cases of evident oppression been granted, and this occasioned the remedy by … called because a plaintiff cannot have it) was an equitable action which lay for a person against whom judgment had been given, and who was therefore in danger of execution, or perhaps actually in execution, when he
Bill of Exchange
remedy to recover on bills of exchange and promissory notes was much simplified and shortened by the (English) Summary Procedure on Bills of Exchange Act, 1855 (18 & 19 Vict. c. 67), the procedure under which was … merchants. The earliest English case on the subject is Martin v. Boure, (1603-04) Cro. Jac. 6. (See the judgment of Lord Cockburn, C.J., in Goodwin v. Robarts, (1855) L.R. 10 Ex. 337 (346).) The whole law of
Ejectment
to 'Recovery of Land.' See that title. Possession can be obtained by a landlord against his tenant by summary proceedings before two justices, under the Small Tenements Recovery Act, 1838 (1 & 2 Vict. c. 74), where … advising him to appear at a certain time and defend his title, otherwise he, Richard Roe, would suffer judgment by default, by which the actual tenant would be turned out of possession by the sheriff under a
Suit
the decision of the Court is sought may be a suit. But if the proceeding is of a summary nature not falling within the definition of a suit, it may not be so treated for the purpose … Subramaniam Chettiar, AIR 1960 SC 307: (1960) 2 SCR 209. The word 'suit' includes an appeal from the judgment in the suit. The only difference between a suit and an appeal is that an appeal only reviews
Husband and wife
the 17th section, that questions arising between husband and wife as to property may be decided in a summary way (privately, if either party so require) by a judge of the High Court, or (at the option … Kingscote, (1900) 1 Ch 203, but the husband's liability ceased if, while the action was pending and before judgment, an order for judicial separation was obtained, Cuenod v. Leslie, (1909) 1 KB 880. As to torts in
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