 | 1805 - 668 pages
...Matters. Provided always, That if any such Matter shall upon Demurrer joined be judged' sufficient, Costs shall be given at the Discretion of the Court...any Issue in the said Cause, for the Plaintiff or Defendant, Costs shall be also given1 in the like Manner; unless- the Court shall be of Opinion, that... | |
 | Thomas Walter Williams - 1816 - 1048 pages
...a* lie si i all think necessary for his rlefcncr." " But if any such matter shall, upon л demurrer joined be judged insufficient, costs shall be given at the discretion of tne coint, or if a verdict shall be found, upon any ¡«sue in the s 'id cause, for the plairuifl'or... | |
 | Sir Edward Coke - 1817 - 826 pages
...necessary for his defence ; but it is thereby also provided, that if any such matter, upon a demurrer joined, be judged insufficient, costs shall be given...verdict shall be found upon any issue in the said cause tor plaintiff, or the defendant, costs shall be also given in like manner, unless the judge, who tried... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 898 pages
...plead several matters in bar ; and the fifth provides, that " if any " such matter, upon a demurrer joined, be judged insufficient, " costs shall be given...or, if a « verdict shall be found upon any issue for the plaintiff or de" mandant, costs shall be given in like manner, unless the judge " who tried... | |
 | Francis Buller - 1817 - 684 pages
...upon demurrer joined be judged insufficient, • costs shall be given at the dis» £ # 335 ] cretion of the court ; or if a verdict shall be found upon any issue iu the said cause for the plaintiff or defendant, costs shall also be given in like manner, unkss the... | |
 | Great Britain - 1817 - 698 pages
...Proviio tiracWog Jwie in the said Cause for the Plaintiff or Demandant, Costs (5) C(^'2 jjur. 754. 'hall be also given in like Manner, unless the Judge, who tried the "id bsue, shall certify, (6) that the said Defendant, or Tenant, or Plaintiff in Replevin, had a probable... | |
 | John Impey - 1818 - 996 pages
...think ne- are necessary, cessary for his defence, provided that if any such matter shall, on demurrer joined, be judged insufficient, costs shall be given...shall be found upon any issue in the said cause, for plaintiff, costs shall be also given, in like manner; unless the judge who tried the said issue, shall... | |
 | Joseph Chitty - 1819 - 544 pages
...nevertheless that if any such matter shall, upon a demurrer > *S41 J 'joined, be judged insufficient, cosis shall be given at the discretion of the court, or...judge who tried the said issue, shall certify that the (/) Giles -a. Hart, 2 Salk. 622, 3.— 1 Saund. 325. n. 4 — Shelley v. Wright, •SC 1 Lord lUjm.... | |
 | John Frederick Archbold - 1819 - 336 pages
...as he shall think necessary for his defence, provided that if any such matter shall, upon demurrer joined, be judged insufficient, costs shall be given at the discretion of the court, (see 2 TB 391); or if a verdict shall be found upon any issue in the said cause for the plaintiff,... | |
 | Sir John Comyns - 1822 - 604 pages
...leave of the court, plead as many several matters as he shall think fit But if any such matter shall be judged insufficient, costs shall be given at the discretion of the court So, if on an issue in any such matter verdict be for the plaintiff or demandant, costs shall be given,... | |
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Court, to plead as many several matters thereto as he shall think necessary for his defence (z) ; provided nevertheless that if any such matter shall, upon a demurrer joined, be judged insufficient, costs shall be given at the discretion of the Court... 
