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" ... calling on the plaintiff to show cause why the defendant should not be discharged out of custody, on entering a common appearance, on the ground of a variance between the writ and the copy served; the discrepancy being between the words " sheriffs... "
Cases Determined in the Supreme Court of Washington - Page 202
by Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1921
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Annual Register, Volume 64

Edmund Burke - 1823 - 1282 pages
...afterwards. 31. PRIVILEGE OF GENTLEMEN OF THE PRIVY CHAMBER — Tapley v. Batthie Mr. Holt moved for a rule to show cause, why the defendant should not be discharged out of the custody of the marshal (in which he was in execution )i on the ground of his privilege as a gentleman...
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Treatise on the Law of Attornies, Solicitors, and Agents

Robert Maugham - 1825 - 554 pages
...'..I i. ••:.• •-,,-.,;. -,(i f-^.l;,;. Thus on an application, calling, upon the plaintiff to show cause why the defendant should not be discharged out of custody, and why the bail-bond should not be delivered up to be cancelled, and why all further proceedings should...
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A Practical and Elementary Abridgment of the Cases ..., Page 483, Volume 1

Charles Petersdorff - 1825 - 848 pages
...money won of him at play," without mentioning " how much was won at each time." On a rule obtained to show cause why the defendant should not be discharged out of custody on filing common bail, the plaintiff produced an affidavit that !;)/. were won at one time, and several...
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A Practical and Elementary Abridgment of the Cases Argued and ..., Volume 1

Charles Petersdorff - 1829 - 564 pages
...assigned on the office copy. 2. ANDBRSON v. HAYMAN, ET 1818, CP 2 Moore, 19'>; SC 8 Taunt. 242 On a rule to show cause why the defendant should not be discharged out of .' Bn ra custody, on entering a common appearance; it appeared that an affidavit ofj,efore the debt...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1826 - 790 pages
...the defendant a letter of licence. A rule had been obtained by Mr. Chitty, calling upon the plaintiff to show cause why the defendant should not be discharged out of custody, upon filing common bail. This was obtained upon an affidavit made by the plaintiff's attorney, annexing...
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - 1834 - 1062 pages
...Rule absolute. HEWITT against MELTON. the 4th day of the term, Miller moved for a rule A prisoner in to show cause why the defendant should not be ™^™" discharged out of the custody of the warden of the become superFleet, on the ground that the plaintiff had not pro- ground0...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 1

Great Britain. Court of Common Pleas, Sir William Hodges - 1836 - 508 pages
...the plaintiff has no cause of action, the Court will grant a rule nisi, calling upon the plaintiff to show cause why the defendant should not be discharged out of custody on entering a common appearance. Tucker v. Tucker, 15. ASSIGNMENT.— See INSOLVENT, 2, 3, 4, 5. ATTACHMENT....
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer - 1837 - 1338 pages
...bail on the second writ, and took a bail-bond accordingly. On their parts CAannell moved for a rule to show cause why the defendant should not be discharged out of custody, and the bail-bond, as well as the undertaking to put in bail in the first action, should not be given...
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The Act for the Abolition of Arrest on Mesne Process: &c. (1 & 2 Vic. C. 110 ...

Robert Lush - 1838 - 226 pages
...issued. If detained on process from the Courts at Westminster, a summons must be taken out in each action to show cause why the defendant should not be discharged out of custody, by virtue of the statute, upon entering a " common" appearance. As the rule of HT 2 Will. IV. r. 89, does...
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An Analytical Digest of All the Reported Cases Determined in the ..., Volume 4

Samuel Bealey Harrison - 1842 - 694 pages
...that the plaintiff has no cause of action, the court will grant a rule nisi calling upon the plaintiff to show cause why the defendant should not be discharged out of custodv on entering a common appearance. Tucker r. Tucker, 1 Scott, 463 ; 1 Hodges, 15. 146 The court...
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