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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... "
Reports of Cases Argued and Determined in the Courts of Exchequer ... - Σελίδα 406
των Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - 1835
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Reports of Cases Argued and Determined in the English Courts of ..., Τόμος 57

Great Britain. Courts - 1869 - 620 σελίδες
...have been by law pleadable in abatement in ' such actions, the defendant shall be at liberty to *causc 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." This is, at most, a mere misnomer,...

The Law Reports: Court of Queen's Bench, Τόμος 4

William Mills (barrister-at-law.), Henry Holroyd, E. A. C. Schalch, Arthur Wilson, Great Britain. Court of Queen's Bench - 1869 - 804 σελίδες
...in all cases in which a misnomer could, but for that Act, have been by law pleadable in abatement, the defendant shall be at liberty to cause the declaration to be amended, upon summons. In the case of Bust v. Kennedy (1), it was sought to set aside the writ and declaration...

The Common Law Procedure Acts, 1853, 1856, 1870: With an Appendix ...

Edmund Thomas Bewley - 1871 - 652 σελίδες
...payable in like order of administration as the simple contract debts of such person. XL. And be it enacted, that no plea in abatement for a misnomer...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...

Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1870 - 1102 σελίδες
...that in all cases in which a misnomer would bat for that Act have been by law pleadable in abatement the defendant shall be at liberty to cause the declaration to be amended upon summons. In the case of H ••' v. Kennedy (a) it was sought to set aside the writ and declaration...

A Treatise on Pleading, and Parties to Actions, with Second and Third ...

Joseph Chitty - 1872 - 900 σελίδες
...have been by law pleadable in abatement in such actions, the defendant shall be at liberty to caiu;e 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...

The Statutes: 2 & 3 William IV to 6 & 7 William IV

Great Britain - 1875 - 1316 σελίδες
...may direct issues joined in certain actions to be tried before the sheriff, &c. XI. AND be it further enacted, that no plea in abatement for a misnomer...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...

Public General Statutes of the Colony of Victoria

Victoria - 1875 - 926 σελίδες
...prayer of judgment. not to 34. No plea in abatement for a misnomer shall be allowed in any action ; but cost of the plaintiff upon a judge's summons founded on an affidavit of the right name ; and in all...

Chitty's Treatise on Pleading and Parties to Actions: With a Second Volume ...

Joseph Chitty, Henry Greening - 1876 - 992 σελίδες
...abatement for a r№nomer shall be allowed in any personal action ; but that in all cases where it would, but for this act, have been by law pleadable...costs of the plaintiff, by inserting the right name, upon » judge's summons founded on an affidavit of the right name; and in casesurb OBS. summons shall...

Chitty's Treatise on Pleading and Parties to Actions: With a Second Volume ...

Joseph Chitty, Henry Greening - 1876 - 1174 σελίδες
...shall 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 such...to be amended, at the 'costs of the plaintiff, by ton, 37 Maine, 42. The same doctrine is applicable to corporations when sued as defendants. Freeman...




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