 | 1869 - 1032 σελίδες
...that in all cases in which a misnomer would but for the act have been by law pleadable in abatement, the defendant shall be at liberty to cause the declaration to be amended upon summons. In Rust v. Kennedy (9) it was sought to set aside the writ and declaration for irregularity... | |
 | William Tidd - 1833 - 440 σελίδες
...be allowed in any personal action ; but that in all " cases in which a misnomer would, but for that act, have been by " law pleadable in abatement in...costs " of the plaintiff, by inserting the right name, upon a judge's " summons, founded on an affidavit of the right name ; and in case " such summons shall... | |
 | Solomon Atkinson - 1833 - 160 σελίδες
...personal action, but that, in all cases in which a misnomer would but for this act have been bylaw pleadable in abatement in such actions, the defendant...costs of the plaintiff, by inserting the right name, upon a judge's summons founded on an affidavit of the right name ; and, in case such summons shall... | |
 | England, Great Britain - 1834 - 254 σελίδες
...a misnomer shall be allowed in not to !?<: any personal action, but that in all cases in abatement, which a misnomer would but for this act have been...costs of the plaintiff, by inserting the right name, upon a judge's summons founded on an Initiate of XII. And be it further enacted, That in all be'used'hf... | |
 | Thomas Edlyne Tomlins - 1835 - 862 σελίδες
...much as they can, as tending to the delay of justice. And now by the 3 & 4 Will. 4. c. 42. § 11. " ul false oath by one who, being lawfully required...question, whether he be believed or not. 1 Hank. PC c. 69. cost of the plaintiff, by inserting the right name upon a judge's summons founded on an affidavit of... | |
 | Joseph Chitty - 1835 - 1032 σελίδες
...cases in which a misnomer would, but for that act, have been pleadable in abatement in such action, the defendant shall be at liberty to cause the declaration...costs of the plaintiff, by inserting the right name upon a judge's summons, founded on an affidavit of the right name ; if, however, such a summons should... | |
 | Great Britain - 1836 - 756 σελίδες
...to be pleaded personal action, but that in all cases in which a misnomer would but for in abatement, this act have been by law pleadable in abatement in...costs of the plaintiff, by inserting the right name, upon a judge's summons founded on an affidavit of the right name ; and in case such summons shall be... | |
 | William Tidd - 1837 - 942 σελίδες
...action; but that in all cases in " which a misnomer would, but for that act, have been by law plead" able in abatement in such actions, the defendant shall...costs of the plaintiff, " by inserting the right name, upon a judge's summons, founded on " an ajpdatit of the right name ; and in case such summqns shall... | |
 | William Tidd - 1837 - 720 σελίδες
...which a misnomer would, but for that act, have been by law " pleadable in abatement in such action, the defendant shall be at " liberty to cause the declaration...costs of the " plaintiff, by inserting the right name, upon a judge's summons, " founded on an affidavit of the right name ; and in case such sum" mons shall... | |
 | Joseph Chitty, Thomas Chitty - 1837 - 860 σελίδες
...mis- pioade<nn noraer would but for this Act have been by law pleadable in abatement in 8bal<)menl" such actions, the defendant shall be at liberty to cause the declaration to be amended, at the costa of the plaintiff, by inserting the right name, upon a judge's summons founded on an affidavit... | |
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That no plea in abatement for a misnomer shall be allowed in any personal action, but that, in all cases in which a misnomer would but for this act have been by law pleadable in abatement in such actions, the defendant shall be at liberty to cause the... 
