The Common Law Procedure
Format: Paperback
ISBN13: 9780217580175
Paperback|9780217580175
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: ceed in the action in such manner and subject to such conditions as to such Court or judge may seem fit, having regard to the time allowed for the defendant to appear being reasonable, and to the other circumstances of the case: Provided always, that the plaintiff shall and he is hereby required to prove the amount of the debt or damages claimed by him in such action, either before a jury upon a writ of inquiry, or before one of the masters of the said Superior Courts in the manner hereinafter provided, according to the nature of the case, as such Court or judge may direct; and the making such proof shall be a condition precedent to his obtaining judgment. A promissory note was made in France, and delivered to the plaintiff there, it was made payable in London, the note was presented and dishonoured; it was held that a sufficient cause of action arose in England to satisfy the statute, and that an order, under this section, to proceed was properly made. Martin, B. said, When the bill was presented at the London bankers, and was dishonoured, there arose a cause of action in England within the meaning of the statute.?Fife v. Round, 6 W. Rep. 283. When a foreigner has once appeared, he has waived any objection which otherwise he might have urged.?Taylor v. Best, 14 C. B. 4S7. A British subject residing abroad was served with a writ, the cause of action having occurred abroad; he entered an appearance. Held, that he thereby attorned to the jurisdiction, and neither the writ nor declaration could be set aside as a nullity.?Forbes v. Smith, 10 Ex. 717. A recent case has decided that where an order is made giving the plaintiff leave to proceed on a writ issued and served on a British subject abroad under this section, the Court will not entertain an application to set t...
| ISBN-13 | 9780217580175 |
|---|---|
| ISBN-10 | 0217580173 |
| Weight | 0.94 Pounds |
| Dimensions | 9.00 x 6.00 x 0.65 In |
| List Price | $21.14 |
| Format | Paperback |
|---|---|
| Pages | 288 pages |
| Publisher | |
| Published On | 2009-08-01 |
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