The Law of Execution Upon Judgments And Orders of the Chancery And Queens Bench

Cover The Law of Execution Upon Judgments And Orders of the Chancery And Queens Bench
The Law of Execution Upon Judgments And Orders of the Chancery And Queens Bench
Charles Johnston Edwards
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(y) Under 17 Car. 2, c. 8, vide (c) 1 Dan. Ch. Pr. 6th ed. 282, infra, p. 51. Specially note (y). There were ex- (z) Penoyer v. Brace, 1 Ld. Raym. Tensive powers of amendment of 244 ; Comb. 441 ; Earl v. Brown, 1 process in Chancery, but they did Wils. 302 ; 2 Wms. Saund. 234, not apply to cases of the descrip- 248. Tion now under discussion.
E. E 50 CONCERNING EXECUTION ON JUDGMENTS, ETC.
Book I.
0. XVII. R. 1.
Change of parties by death, &c.
Four periods when change of parties may occur in an
... action.
actions in the High Court, has been considerably modified, and forms the subject of 0. XVII. , by rule 1 of which it is provided that, " A cause or matter shall not become abated by reason of the marriage, death, or bankruptcy of any of the parties, if the cause of action survive or con- tinue, and shall not become defective by the assignment, creation, or devolution of any estate or title pendente lite, and whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the verdict or finding of the issues of fact and the judgment, but judgment may in such case be entered notwithstanding the death.


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