A Treatise On the Supreme Court of Judicature Act Ireland 1877 With Schedule
A Treatise On the Supreme Court of Judicature Act Ireland 1877 With Schedule
William Dwyer Ferguson
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G24, M. R. ; Gardiner v. Hardy, W. X. , 1870, 185. V. C. B. (d) Gulling V. Buttivant, L. R. , 1 Ch. D. Si; 2i W. R. Oo. [ 853 ] CHAPTER XLV. New Actions. 431. All Suits called Actions, 353. 432. What is an Action, 353. 433. Other proceedings, 354. C431 ") All actions which have hitherto been com- Aii actions V / . . 1 iind suits to menced by Writ of Summons and Plaint n\ the be called Superior Courts of Common Law in Ireland, and all suits which have been hitherto commenced by Bill or Informati...on in the High Court of Chancery, are to be henceforth instituted in the High Court of Justice by a proceeding called " an action. "(ft) C432 ) The word action is defined by section Actions. ^ '' what are. 3(/>) to mean "a civil proceeding commenced by writ, or in such other manner as may be prescribed by rules of court, and shall not include a criminal proceeding, by or in the name of the Crown. " The term action is to be used in future instead of the term " suit " in equity proceedings ; but a suit com- menced by Bill before the Judicature Act, is not an action within its meaning, and it must be revived in the way used heretofore.
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