The Theory of the Judicial Practice of the Colony of the Cape of Good Hope, and of South Africa Generally: With Suitable and Copious Practical Forms Subjoined to and Illustrating the Practice of the Several Subjects Treated ofJuta, 1902 - 954 pages |
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Autres éditions - Tout afficher
The Theory of the Judicial Practice of the Colony of the Cape of Good Hope ... Casper Hendrik Van Zyl Affichage du livre entier - 1902 |
The Theory of the Judicial Practice of the Colony of the Cape of Good Hope ... Casper Hendrik Van Zyl Aucun aperçu disponible - 2017 |
The Theory of the Judicial Practice of the Colony of the Cape of Good Hope ... Casper Hendrik van Zyl Aucun aperçu disponible - 2017 |
Expressions et termes fréquents
action adultery Affidavit of Verification alleged allowed amount appeal application appointed arrest articles of clerkship attorney bond Cape Town Chap Chapter Circuit Court civil imprisonment claim Colony contempt of Court costs creditors criminal curator ad litem damages debt debtor decided declared decree default defendant defendant's discretion divorce documents domiciled duly edictal citation England entitled evidence execution Executors expenses farm filed gaol give given granted Griqualand West ground higher Courts Honourable Court husband hypothec Ibid insolvent estate instance issued Judge judgment jurisdiction Justice liable lunatic Magistrate marriage married matter mortgage movables necessary nulla bona oath obtained paid party payment person petition Placaat plaintiff plead Privy Council proceedings promissory note proof provisional sentence reason refused reported Roman law Rule of Court satisfied sequestration served Sheriff shew cause sterling subpoena sued summons Supreme Court thereof trial trustee wife witness writ writ of execution
Fréquemment cités
Page 642 - It shall be lawful for the Court or. a Judge, at any time during the pendency of any cause or matter, to order the production by any party thereto, upon oath, of such of the documents in his possession or power, relating to any matter in question in such cause or matter, as the Court or Judge shall think right; and the Court may deal with such documents, when produced, in such manner as shall appear just.
Page 702 - R% is liable for the consequences of ignorance or non-observance of the rules of practice of this court ; for the want of care in the preparation of the cause for trial ; or of attendance thereon with his witnesses ; and for the mismanagement of so much of the conduct of a cause, as is usually and ordinarily allotted to his department of the profession. Whilst on the other hand, he is not answerable for error in judgment upon points of new occurrence, or of nice or doubtful construction, or of such...
Page 328 - ... at the trial of any action or at any assessment of damages shall be examined viva voce and in open court; but the court or a judge may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit...
Page 718 - Champerty is a species of maintenance and punished in the- same manner ; being a bargain with a plaintiff or defendant, campum partire, to divide the land or other matter sued for between them, if they prevail at law : whereupon the champertor is to carry on the party's suit at his own expense.
Page 750 - ... as to costs only, which by law are left to the discretion of the court.
Page 702 - It would be extremely difficult to define the exact limit by which the skill and diligence which an attorney undertakes to furnish in the conduct of a cause is bounded; or to trace precisely the dividing line between that reasonable skill and diligence which appears to satisfy his undertaking, and that crassa negliyentia, [ *468 ] or *lata culpa mentioned in some of the cases, for which he is undoubtedly responsible.
Page 349 - An Act to provide for taking evidence in Her Majesty's dominions in relation to civil and commercial matters pending before foreign tribunals ; " and all the provisions of that act shall be construed as if the term civil matter...
Page 189 - AB as for his costs and charges by him about his suit in that behalf expended, whereof the said CD...
Page 126 - Testimony may be taken on commission in the usual way by written interrogatories and cross-interrogatories, on motion to the court in term time, or to a judge in vacation, for special reasons satisfactory to the court or judge.
Page 642 - Any party may, without filing any affidavit, apply to the Court or a Judge for an order directing any other party to any cause or matter to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein.