Items related to A concise view of the proceedings in an action in the...
A concise view of the proceedings in an action in the Chancery Division of the High Court of Justice including the practice on appeal; also, a summary ... of the High Court of Justice, showing in w - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 Excerpt: ...(3) against any person served as a partner with the writ of summons, and who failed to appear. If the judgment creditor claims to be entitled to issue execution against any other person as being a member of the firm, he should apply to the court or a judge for leave to do so; and the court or a judge may grant such leave if the liability be not disputed, or, if the liability be disputed, order that such liability be tried and determined in the manner in which any issue in an action may be tried and determined. (c) A judgment or order for the recovery or payment of a sum of money and costs may be enforced by one or separate writs of execution, but the second writ must only be for the costs, and issued not less than eight days after the first writ. (d) A judgment or order for the payment of money or costs (a) Ord. 42, r. 15. (6) Ord. 42, rr. 20, 21. (c) Ord. 42, r. 10; and see Ord. 12, r. 15. (d) Ord. 42, r. 18. may be enforced by one or more writs of fieri facias, or one or more writs of elegit, but if the judgment or order is for payment within a period therein mentioned, no writ of execution can issue until after the expiration of such period; and the court or a judge may stay execution until such time as may be thought fit. (a) No subpoena, however, for the payment of costs, and unless by leave of the court or a judge, no sequestration to enforce such payment, can be issued. (6) » A judgment for the payment of money into court may be enforced by writ of sequestration, or by writ of attachment, where attachment is authorised by law. (c) A judgment for the recovery or for the delivery of the possession of land may be enforced by writ of possession. (d) A judgment for foreclosure absolute is not a judgment for the recovery of possession of land within t...
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