The Law and Practice of the Courts of the United Kingdom Relating to Foreign Judgments and Parties Out of the Jurisdiction: To which are Added Chapters on the Laws of the British Colonies, European and Asiatic Nations, and the States and Republics of America

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William Clowes, 1884 - 626 páginas
 

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Página 525 - Where the person on whom service is to be made resides out of the state ; or has departed from the state ; or cannot, after due diligence, be found within the state ; or conceals himself to avoid the service of summons...
Página 94 - By f 2, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any court of justice, or before any person having by law, or by consent of parties, authority to hear, receive and examine evidence...
Página 523 - ... a commissioner, upon a conveyance to be recorded within the state. The certificate of the commissioner, thus authenticated, is presumptive...
Página 183 - Orders in all actions where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising upon a contract, express or implied...
Página 522 - State ; or, if he is a natural person and a resident of the State, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent ; or...
Página 221 - Ireland, if it shall appear to the court or judge that there may be a concurrent remedy in Scotland or Ireland as the case may be, the court or judge shall have regard to the comparative cost and convenience of proceeding in England or in the place of residence of the defendant or person sought to be served, and particularly in cases of small demands to the powers and jurisdiction, under the statutes establishing or regulating them, of the sheriffs' courts or small debts courts in Scotland and of...
Página 380 - No Court shall try any suit or issue ; " "' in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties...
Página 368 - Registrar, together with a certified Copy of the Interlocutor of the Commissary finding that such deceased Person died domiciled in Scotland, such Confirmation shall be sealed with the Seal of the said Court, and returned to the Person producing the same, and shall thereafter have the like Force and Effect in England as if a Probate or Letters of Administration, as the Case may be, had been granted by the said Court of Probate.
Página 227 - ... 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...
Página 526 - When a cause of action has arisen in another state, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this state, except in favor of one who has been a citizen of this state, and who has held the cause of action from the time it accrued.

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