Summons Case - Law Dictionary Search Results
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summons pl: sum·mons·es [-mən-zəz] : a written notification that one is required to appear in court: as a : a document in a civil suit that is issued by an authorized judicial officer (as a clerk of court) and delivered to a plaintiff or the plaintiff's attorney for service on the defendant and that notifies the defendant that he or she must appear and defend (as by filing an answer) within a specified time or a default judgment will be rendered for the plaintiff b : a document that summons a defendant to appear before a court to answer a minor criminal charge and that is issued in lieu of a warrant for arrest by an authorized judicial officer (as a magistrate) upon request of a prosecuting attorney c : a notification to appear for jury service d : a notification to appear as a witness see also john doe summons, service compare subpoena vt sum·monsed [-mənzd] sum·mons·ing [-mən-zi] : summon ;esp : to bring into court by a summons ...
Originating summons
Originating summons, a summons without writ, returnable in the chambers of a judge of the High Court. summonses of this description are very frequently issued in the Chancery Division for the determination of particular questions arising in the administration of an estate or trust, without the administration of the whole estate or trust; for settling questions between vendors and purchasers (see VENDOR AND PURCHASER SUMMONS); for foreclosure or redemption of mortgages; for determining questions of construction of a written instrument, and for numerous other purposes; see R.S.C. 1883, Ords. LIV. LIVA., LIVB., LIVC., and LV. Et seq. If the question raised is one requiring argument it is generally adjourned into Court; if it is a simple matter the judge will determine it in Chambers. The summons may be taken out by any person interested, and is served on the persons whose rights are sought to be affected. This procedure was first established in 1883 by the Rules of that year, and has been...
Directions, summons for
Directions, summons for, one general summons with respect to pleadings, discovery, and other matters previous to trial first authorized by R. S. C. 1883, Ord. XXX., for the purpose of saving the expense of many successive summonses, and of enabling the Court, through the particular master to whom each action is assigned, to obtain control over the action at an early stage. It is compulsory to take out this summons in all actions except Admiralty actions, or actions where the writ has been specially indorsed, or where the plaintiff proposes to proceed to trial without pleadings. See annual Practice....
Judgment-debtor summons
Judgment-debtor summons. The (English) Bank-ruptcy Act, 1861, ss. 76-85, provided for the issue of this kind of summons by a judgment creditor in default of payment of whose debt the debtor might be adjudicated bankrupt. It was replaced in 1869 by the 'Debtor's Summons' under s. 7 of the (English) Bankruptcy Act of 1869, which was itself replaced by the 'Bankruptcy Notice' under the Acts of 1883 and 1914....
John Doe summons
John Doe summons : a summons made out to an unidentified defendant who is referred to in the summons as John Doe ...
Re-summons
Re-summons, a second summons, calling upon a person to answer an action where the first summons is defeated. Obsolete...
Vendor and purchaser summons
Vendor and purchaser summons. A further innova-tion of the (English) Vendor and Purchaser Act, 1874, s. 9, replaced and extended by the (English) Law of Property Act, 1925, s. 49, enables any vendor or purchaser or upon a contract for exchange of any interest in land to apply in a summary way in respect of any requisitions or objections or claim for compensation or any other question arising out of or connected with the contract (not affecting the existence or validity), and the Court may make any order that to it may seem just, including costs. See DEPOSIT; SPECIFIC PERFORMANCE; and R.S.C. Ord. LV., r. 14A; ORIGINATING SUMMONS....
Special indorsement on summons
Special indorsement on summons. See SUMMONS....
Non-summons, wager of law of
Non-summons, wager of law of, the mode in which a tenant or defendant in a real action pleaded, when the summons which followed the original was not served within the proper time, 31 Eliz. c. 3, s. 2....
Debtor's summons
Debtor's summons. See JUDGMENT-DEBTOR SUMMONS....
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