A Digest of the Law of Practice Under the Judicature Acts and Rules and the Cases Decided in the Chancery and Common Law Divisions from (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ... default in pleading has been made by the defendant, the plaintiff must give at least two clear days' notice, and even then, as a general rule, the case will only come on in its regular turn, unless the Court is satisfied that the notice was ample (c). 44. Any judgment by default may be set aside on terms as to costs or otherwise (d), and right of amplication to set it aside is not barred by lapse of time where no irreparable wrong would be thereby done to the plaintiff (e). 45. An action may be (1) wholly discontinued, or (2) partly withdrawn, by the plaintiff on notice in writing before receipt of the defence, or afterwards before any other proceedings taken, except interlocutory applications (/); and the plaintiff's discontinuance of the action discontinues any counter-claim (g), or appeal (A). The (x) Panons v. Harris, 6 Ch. D. 691 (V) 0. XXIX. r. 11. (z) 0. XXIX. r. 12. (a) Ambroise v. Evelyn, 11 Ch. D. 759. (6) 0. XXIX. r. 13. (c) Roupell v. Parsons, W. N. 1876, 61; Bate v. Snelling, do. p. 77 J Pearxe v. Spickett, do. p. 109. (rf) 0. XXIX. r. 14. (t) A twood v. Cldc/iester, 3 Q. B. D. 722. (/) 0. XXIII. r. 1. (//) Varasseur v. Krvpp, W. N. 1880, 11. (A) Conybeare v. Lewis, 13 Ch. D. 469. plaintiff shall pay the defendant's taxed costs or costs occasioned by the part withdrawn (i), and if the plaintiff gives an undertaking as to damages and then discontinues, a reference may be directed as to the damages (j). Before or at or after the hearing or trial, the Court or Judge may order an action to be discontinued, or part of the claim to be struck out, upon terms as to costs, as to subsequent action, or otherwise (k); but not so where an arbitrator has found on a special case substantially for the defendant (I). Where an action is...