 | 1869 - 1032 páginas
...that in all cases in which a misnomer would but for the act have been by law pleadable in abatement, the defendant shall be at liberty to cause the declaration to be amended upon summons. In Rust v. Kennedy (9) it was sought to set aside the writ and declaration for irregularity... | |
 | Solomon Atkinson - 1833 - 160 páginas
...action, but that, in all cases in which a misnomer would but for this act have been bylaw pleadable in abatement in such actions, the defendant shall...inserting the right name, upon a judge's summons founded on an affidavit of the right name ; and, in case such summons shall be discharged, the costs of such... | |
 | William Tidd - 1833 - 440 páginas
...would, but for that act, have " been by law pleadable in abatement in such action, the defend" ant shall be at liberty to cause the declaration to be...the plaintiff, by inserting the right name, upon a 4i judge's summons, founded on an affidavit of the right name ; " and in case such summons shall be... | |
 | England, Great Britain - 1834 - 254 páginas
...that in all cases in abatement, which a misnomer would but for this act have been by law pleadable in abatement in such actions, the defendant shall...inserting the right name, upon a judge's summons founded on an Initiate of XII. And be it further enacted, That in all be'used'hf act io ns upon bills of exchange... | |
 | Joseph Chitty - 1835 - 1032 páginas
...cases in which a misnomer would, but for that act, have been pleadable in abatement in such action, the defendant shall be at liberty to cause the declaration...inserting the right name upon a judge's summons, founded on an affidavit of the right name ; if, however, such a summons should be discharged, then the costs... | |
 | Thomas Edlyne Tomlins - 1835 - 862 páginas
...action, but that in all cases in which a misnomer would but for this act have been by law pleadable in abatement in such actions, the defendant shall...liberty to cause the declaration to be amended at the cost of the plaintiff, by inserting the right name upon a judge's summons founded on an affidavit of... | |
 | Great Britain - 1836 - 756 páginas
...that in all cases in which a misnomer would but for in abatement, this act have been by law pleadable in abatement in such actions, the defendant shall...inserting the right name, upon a judge's summons founded on an affidavit of the right name ; and in case such summons shall be discharged, the costs of such... | |
 | William Tidd - 1837 - 942 páginas
...action; but that in all cases in " which a misnomer would, but for that act, have been by law plead" able in abatement in such actions, the defendant shall...inserting the right name, upon a judge's summons, founded on " an ajpdatit of the right name ; and in case such summqns shall be " discharged, the costs of such... | |
 | William Tidd - 1837 - 720 páginas
...which a misnomer would, but for that act, have been by law " pleadable in abatement in such action, the defendant shall be at " liberty to cause the declaration...the right name, upon a judge's summons, " founded on an affidavit of the right name ; and in case such sum" mons shall be discharged, the costs of such... | |
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that no plea in abatement for a misnomer shall be allowed in any personal action, but that in all cases in which a misnomer would but for this act have been by law pleadable in abatement in such actions, the defendant shall be at liberty to cause the... 
