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Home > History and Archaeology > History > The Digest of English Case Law Volume 4; Containing the Reported Decisions of the Superior Courts, and a Selection from Those of the Irish Courts [From 1557] to the End of 1897
The Digest of English Case Law Volume 4; Containing the Reported Decisions of the Superior Courts, and a Selection from Those of the Irish Courts [From 1557] to the End of 1897

The Digest of English Case Law Volume 4; Containing the Reported Decisions of the Superior Courts, and a Selection from Those of the Irish Courts [From 1557] to the End of 1897


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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. 1898 Excerpt: ...and that the claimant was entitled to the costs of the particulars. Meg. v. Cowper (24 Q. B. D. 60, 533) distinguished. France v. Button, 60 L. J., Q. B. 488; 1891 2 Q. B. 208; 64 L. T. 793; 39 W. R. 710. Semblc, that where a plaintiff in a county court claims an amount exceeding 20Z., but recovers a sum under bl., he is only entitled to costs upon the lower scale. But where a plaintiff claims more than 20., and the defendant succeeds, he is entitled to costs upon the higher scale. Clifton v. Farley, 7 H. & N. 783; 31 L. J., Ex. i70; 10 W. R. 358. Admission of Truth of Plaintiff's Particulars--C. C. H. 1889, Ord. IX. rr. 4 & 5.--In order that a defendant may rely on Ord. IX. rr. 4 and 5, to deprive a successful plaintiff of the costs of the hearing at the trial, the admission made by him must be clean and clear, and such a one that it dispenses with any proof on behalf of the plaintiff. Pincott v. Letts, 77 L. T. 160. Certificate on Higher Scale--Grounds for Giving.--In awarding costs on the higher scale to a successful party under s. 5 of the County Courts Salaries Act, 1882, if is not sufficient for the judge to certify that the action involved a question of character: --Quaere, whether the court will inquire into the sufficiency of the grounds of a certificate so framed. Reg. v. City of London Court Judge, 50 L. J., Q. B. 79; 18 Q. B. D. 103; 53 L. T. 735; 33 W. It. 123. A certificate under s. 5 should follow the language of the section--Per Stephen, J. lb. A county court judge has no power to order costs to be taxed on the 100Z. scale when there is a less amount claimed in the action, unless he certify that the action involved some novel or difficult point of law, or that the question litigated was of importance to some class or body of persons o...


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Product Details
  • ISBN-13: 9781231779620
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 1030
  • Spine Width: 51 mm
  • Width: 189 mm
  • ISBN-10: 1231779624
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1796 gr

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The Digest of English Case Law Volume 4; Containing the Reported Decisions of the Superior Courts, and a Selection from Those of the Irish Courts [From 1557] to the End of 1897
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The Digest of English Case Law Volume 4; Containing the Reported Decisions of the Superior Courts, and a Selection from Those of the Irish Courts [From 1557] to the End of 1897
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