This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 Excerpt: ...done, when the declaration, as in most instances, failed to disclose the particulars of the demand, the defendant's attorney might take out a summons before a judge requiring the plaintiffs attorney to show cause why he should not deliver to the defendant's attorney the particulars in writing of the plaintiffs demand, ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 Excerpt: ...done, when the declaration, as in most instances, failed to disclose the particulars of the demand, the defendant's attorney might take out a summons before a judge requiring the plaintiffs attorney to show cause why he should not deliver to the defendant's attorney the particulars in writing of the plaintiffs demand, for which the action is brought, and why all proceedings should not in the mean time be stayed. It seems that such a rule to show cause could be taken out in both the King's Bench and Common Pleas before appearance, to the end that the defendant might be advised of the full particulars of the demand, so that he might pay it.6 But it was usually taken out after appearance and declaration, and before plea. The practice is of comparatively modern date, and is believed to have come in with the introduction of the Common Counts.7 In compliance with the order for particulars, the plaintiff should deliver a particular account in writing of the items of the demand, and when and in what manner it arose.8 If there has been an account current, the credits as well as debits should appear. After delivery of the bill of particulars the defendant had time for plead 1 1 Chit. PI. 431. 3 Chit. Gen. Pr. 611; 1 Tidd, '1 Tidd. Pr. 588. Pr. 596. - 1 Tidd, Pr. 588. '3 Chit. Gen. Pr. 612; 1 Tidd, Pr. See Profert, sec. 34. 697. 1 Tidd, Pr. 596. - 1 Tidd, Pr. 597. ing, according to the rules of the court in which the case was pending.1 In special assumpsits, covenant, and debt on articles of agreement, or in actions on matters of record, an order for particulars would not seem to be necessary.a In actions of tort, the wrong complained of is in general stated in the declaration, and an order for particulars was seldom demanded; but the circumstances of the to...
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Add this copy of Civil Procedure at Common Law to cart. $23.14, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2022 by Legare Street Press.
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New. Trade paperback (US). Glued binding. 456 p. In Stock. 100% Money Back Guarantee. Brand New, Perfect Condition, allow 4-14 business days for standard shipping. To Alaska, Hawaii, U.S. protectorate, P.O. box, and APO/FPO addresses allow 4-28 business days for Standard shipping. No expedited shipping. All orders placed with expedited shipping will be cancelled. Over 3, 000, 000 happy customers.
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Add this copy of Civil Procedure at Common Law. to cart. $31.56, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2010 by Gale, Making of Modern Law.