The Practice On Signing Judgment in the High Court of Justice With Forms
The Practice On Signing Judgment in the High Court of Justice With Forms
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11.
Under Order 22, rule 3, it has been decided by J. Lindley, at Chambers, in A tkins v. Taylor, W. N. 1876, p. 11, that this Rule overrides Order 19, rule 2, and the Defendant must deliver a state- ment of defence within eight days after the date of the order giving him leave to defend, although no statement of claim has been delivered, other- wise the Plaintiff may take a judgment by default.
When judgment is signed under this Pule it should so appear on the face of it, as in Form No. 12.
Wh...ere the Defendant has delivered a state- ment of defence in due course, and this statement E 50 Judgment for want of Statement of Defence.
has been struck out by Judge's order, if the order simply directs that the pleading be struck out, judgment may be signed by default as if it had never been delivered, for the amount claimed if liquidated, or for damages to be assessed, as in Form No. 13.
When the order goes on to say that the Plaintiff shall be at liberty to sign judgment for an amount stated, the judgment is on the order and the Form will be No.
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You can find similar books in the "Read Also" column, or choose other free books by H H Walker to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
11.
Under Order 22, rule 3, it has been decided by J. Lindley, at Chambers, in A tkins v. Taylor, W. N. 1876, p. 11, that this Rule overrides Order 19, rule 2, and the Defendant must deliver a state- ment of defence within eight days after the date of the order giving him leave to defend, although no statement of claim has been delivered, other- wise the Plaintiff may take a judgment by default.
When judgment is signed under this Pule it should so appear on the face of it, as in Form No. 12.
Wh...ere the Defendant has delivered a state- ment of defence in due course, and this statement E 50 Judgment for want of Statement of Defence.
has been struck out by Judge's order, if the order simply directs that the pleading be struck out, judgment may be signed by default as if it had never been delivered, for the amount claimed if liquidated, or for damages to be assessed, as in Form No. 13.
When the order goes on to say that the Plaintiff shall be at liberty to sign judgment for an amount stated, the judgment is on the order and the Form will be No.
What to read after The Practice On Signing Judgment in the High Court of Justice With Forms?
You can find similar books in the "Read Also" column, or choose other free books by H H Walker to read onlineMoreLess
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