Publisher's Synopsis
Excerpt from The Practice of the Court of King's Bench in Personal Actions, Vol. 1 of 2: With References to Cases of Practice in the Court of Common Pleas
Subordinate to these principal proceedings, there are others Of an auxiliary nature, Which oc cur in the course Of a suit; such as, in bailable actions, the arrest and bail-bond, with the pro ceedings thereon, or against the sheriff, to corn pel him to return the writ or bring in the body. These happen before the plaintiff has declared absolutely. After declaration and before plea, the defendant, in order to prepare for his de fence, is under circumstances allowed to crave oyer of deeds, 8c. Or copies Of written instru ments, call for the particulars Of the plaintiff's demand, or Claim inspection Of public books, ' court-rolls, 8c. Or he may move the court to Change the venue, consolidate actions, strike out super?uous counts, or bring money into court. After issue and before trial, the plaintiff Should give notice Of trial, sue out the jury-process, and make up and pass the record Of nisiprius; and each party should prepare a brief for coun sel, and subpoena his witnesses. After trial and before judgment, the unsuccessful party may move the court for anew trial, or in arrest of judgment, or for judgment non obstante veredicto a repleader, or venirefaciae de novo.
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