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The Law Library Volume 1

The Law Library Volume 1


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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. 1833 edition. Excerpt: ...became due in vacation, he might set the holder at defiance for several months, by which means the holder's security was worse than in the case of other persons, and not what he was entitled to by the custom of merchants. The Court of King's Bench, to remedy this inconve166 1 mence m a case wnere a ru'e had been obtained to set aside L J the proceedings as irregular, on the ground that the defend ant was an attorney, and that the action had been commenced by bill filed against him in vacation, (it appearing that if the plaintiff had waited until the commencement of the term, the statute of limitations would have attached, ) decided, that a bill might be filed against an attorney in vacation, to prevent the operation of the statute of limitations. (A) Lord Mansfield observing, that the Master had stated the practice to be to file bills against an attorney in vacation, and his Lordship concluded with saying, "Fictions are allowed against all the King's subjects for the furtherance, but never for the hinderance of justice, why should an attorney be in a different situation from other persons?" But he may But where, in an action against an attorney, the plaintiff iheW ii w-a" es 'ssue on the plea of the statute, and relies on the title of Ued. his bill, the defendant may shew by evidence that the bill was filed in the vacation after the term of which it is entitled, (t) It is now usual, when a bill is filed against an attorney in vacation, to insert the day of filing it in the memorandum. (A) Thia rule de-he rue tnat a '3U mav De fi'ec' against an attorney in vacided to be a cation is now decided to be a general rule, and not merely an genera one. excep(j0n in the case of the statute of limitations. (/) Kepiication of if a...


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Product Details
  • ISBN-13: 9781153994132
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 306
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 1153994135
  • Publisher Date: 01 Jul 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 549 gr


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