NEW

Practice of Attornies

IN THE

COURTS OF LAW AT WESTMINSTER,

WITH FORMS,

INCLUDING THE RECENT STATUTE

AS TO ATTORNIES, AND THE CASES DECIDED THEREON ;

ALSO AN APPENDIX COMPRISING

Questions of Practice,

BY WHICH THE ERRORS IN PROCEEDINGS MAY BE DETECTED,
AND THE PROPER MODE OF TAKING ADVANTAGE

OF THEM ADOPTED.

IN TWO VOLUMES.

VOL. II.

BY JOHN FREDERICK ARCHBOLD, Esq.

BARRISTER-AT-LAW.

LONDON:

SHAW AND SONS, FETTER LANE.

TABLE OF CONTENTS.

BOOK II.

CONTINUED FROM VOL. I.

CHAPTER VI.

Proceedings from verdict to judgment and execution.

SECT. I. New trial, 1:-in what cases, 1;-for misdirec-

tion, 1;-for the rejection of evidence, 2;~

wrong admission of evidence, 3;-verdict against

evidence, 3;-for excessive damages, 4;-for

smallness of damages, 5;-for default, &c., in

the jurors, 5;-for default in the witnesses,

&c., 6;-for default in parties, 7;-for default

in the party's attorney, 9;-for default of the

sheriff or other officer, 9;-for irregularity at

the trial, 9;-for error in the pleadings, &c., 10;

-where a party is taken by surprise, 11;-in

cases of contested rights to land, &c., 12;-

in penal actions, 12;-in hard or trifling ac-

tions, 12.

Setting aside a nonsuit, 13;-setting aside a

verdict and entering a nonsuit, 14;-to set aside

the execution of a writ of inquiry, 14;-to set

aside a verdict on a writ of trial, 14.

Motion, 16;--rule, 17;-costs, 19.

II. Venire de novo, 21 :-in what cases, 21;-costs, 22.

III. Arrest of judgment, 23.

IV. Judgment, 23.

VOL. II.

1. Judgment in ordinary cases, 23-when and

how signed, 24;-interest on judgment, 24;

-when and how entered, &c., 25;-when

B

and how registered, 25;-lien of judgments-

on lands, &c., 27;-lien of judgments on

government or other stocks, 28;-relation

of judgments, 30.

2. Statutory judgments, 30 :-decrees, rules, or-

ders, &c., 30 ;-when to be treated as judg-

ments, 30;-to be registered, 31;-execu-

tion thereon, 31.

3. Judgments, &c., of inferior courts, 31 :-how

and in what cases removed, 31;-applica--

tion and order, 32; - effect of the re-

moval, 32.

V. Judgment non obstante veredicto, 33:

-

- in what

cases, 33;-when motion to be made, 33;-

how damages afterwards assessed, 33;-costs, 34.

VI. Scire facias, 34.

1. In what cases, 34 ;—to revive a judgment, 34;

-after death or marriage of parties, 34;-

against bail, 35; in other cases, 35.

2. The writ and proceedings thereon, 35:-the

writ, 35;-judgment for want of appear-

ance, 37;-appearance, 38;-declaration,

&c., 38;-costs, 38.

VII. Remittitur damna, 38:-in what cases, 38.

VIII. Costs, 39.

1. Upon a verdict for plaintiff, 39:-in what

cases, 39;-in what not, if the judge cer-

tify, 40;-in what not, if the judge do not

certify, 42;-if defendant have been arrest-

ed without probable cause, 44, 51;—if de-

fendant might have been sued in a court of

requests, &c, 51.

2. Upon a verdict for defendant, 56.

3. Where there are several issues, 58.

4. Upon nul tiel record, 62;-judgment by de-

fault, 62;—or judgment non obstante vere-

dicto, 63.

5. Upon demurrer, 63 ;-arrest of judgment, 64;

-or writ of error, 64.

6. Upon nonpros, 64;-or nonsuit, 64.

7. Double and treble costs, 64.

8. Taxation of costs, 66:-notice of taxation,

&c. 66;-what costs allowed, 67,-in tax-

ing between attorney and client, 67;-in

taxing between party and party, 69;—ex-

penses of witnesses, &c. 70 ;-costs of spe-

cial jury, 73;-fees to counsel, 73;-taxa-

tion of costs in causes not exceeding 201., 74;

-table of costs in all cases, as well above