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The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 19

The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 19


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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. 1900 edition. Excerpt: ...as a waiver of his right to except to such proceedings. Sharp v. Bright, 14 La. Ann. 39 - 5. Downey v. Kenner, 42 La. Ann. 1129, wherein it was said: "The condition of the bond has not been violated. The properly had continuously remained in the jurisdiction of the court until disposed of by its order in another proceeding. During this time the plaintiff failed to put the defendant in default by the issuing of an execution. The plaintiff should have taken the necessary steps to procure the presentation and delivery of the property. He cannot proceed immediately (3) Pleading.--The petition in an action on a sequestration bond must specifically allege any special damage suffered by the plaintiff as a consequence of the suing out of the writ, or evidence thereof will be inadmissible.1 3. In Texas--a. Jurisdiction.--Judges and clerks of the district and county courts and justices of the peace are invested with jurisdiction to issue writs of sequestration returnable to their respective courts.8 b. Affidavit--(1) Necessity of Affidavit.--An application for a writ of sequestration should be verified by affidavit.3 against the sureties without these requisite steps, unless he shows that the defendant has disposed of the property, and the putting in default would be a vain effort." See also Welsh v. Barrow, 9 Rob. (La.) 535. Return of Execution.--A return on a fi. fa., that it was impossible to make a demand on the defendant personally, and that no property of his could be found, authorizes the plaintiff to proceed against the surety. Collins v. Edwards, 13 La. Ann. 342. Limitation of Action.--When the bond is set forth in the plaintiff's petition, the action for damages will be considered as one ex contractu, and not barred by the...


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Product Details
  • ISBN-13: 9781234056599
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 714
  • Spine Width: 36 mm
  • Width: 189 mm
  • ISBN-10: 1234056593
  • Publisher Date: 13 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1252 gr


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The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 19
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