 | Great Britain. Bail Court - 1840 - 940 σελίδες
...shall be allowed costsin any personal action ; but in all cases in which a misnomer would, but for the act, have been by law pleadable in abatement, in such...the declaration to be amended at the costs of the plain t if 1', by inserting the right name upon a judge's summons, founded upon an affidavit of the... | |
 | Great Britain. Bail Court, Alfred Septimus Dowling - 1840 - 940 σελίδες
...personal action ; but in all cases in which a misnomer would, but for the act, have been by law plcadable in abatement, in such actions the defendant shall...costs of the plaintiff, by inserting the right name upon a judge's summons, founded upon an affidavit of the right name." In Lindsay v. Wells (a) the plaintiff... | |
 | William Blackstone, John Bethune Bayly - 1840 - 764 σελίδες
...4, c. 42, s. 1 1, no plea in abatement for a misnomer shall be allowed in any personal action, but 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 summons shall... | |
 | Great Britain. Court of Exchequer - 1840 - 554 σελίδες
...action ; but in all cases in which a misnomer would, but for the .Act, have been, by law, plearlable in abatement in such actions, the defendant shall...liberty to cause the declaration to be amended at the cost, of the plaintiff, by inserting the right name upon a judge's summons, founded upon an affidavit... | |
 | Great Britain. Bail Court, Alfred Septimus Dowling - 1841 - 990 σελίδες
...do. By that section it is provided, that " no plea in abatement for a misnomer shall be allowe din any personal action, but that in all cases in which...costs of the plaintiff, by inserting the right name upon a judge's summons, founded on an affidavit of the right name." Since that statute, therefore,... | |
 | Edward Lawes - 1842 - 146 σελίδες
...the act 3 & 4 Will. 4, c. 42. 5. As regards misnomer, the eleventh section of this statute enacts, " that no plea in abatement for a misnomer shall be...liberty to cause the declaration to be amended, at the cost of the plaintiff, by inserting the right name upon a judge's summons, founded on an affidavit... | |
 | Thomas Starkie - 1842 - 1186 σελίδες
...pleadable in abatement, in such actions the defendant shall be at liberty to cause the declaration to.be amended at the 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... | |
 | Joseph Chitty - 1844 - 780 σελίδες
...misnomer pleas any personal action, but that in all cases in which a misnomer would but for abolished. act have been by law pleadable in abatement in such...liberty to cause the declaration to be amended, at the 10 PLEAS IN ABATEMENT. Forms of pleas in abatement. Title to be day when pleaded. No formal defence,... | |
 | John Frederick Archbold - 1844 - 664 σελίδες
...abatement. Arch. PI. & Ev. 288, 291. No such plea, however, can now be allowed ; but instead thereof, " the defendant shall be at liberty to cause the declaration to be amended, at the costs of the plaintiif, by inserting the right name, upon a judge's summons, founded on an affidavit of the right... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1846 - 1124 σελίδες
...d'O. deFresius et de Mailleboin. (b) 3 NC 777-, 4 Scott, 471. (c) 4 M. * W. 586. (d) Which enacts " that no plea in abatement for a misnomer shall be...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 snch summons shall... | |
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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... 
