Commentaries On the Present Laws of England

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The Court has a discretionary power to allow the plaintiff to answer the defendant's case ( x ).
Judgment may be given for part only of the amount claimed, or against some only of the defendants, and leave to defend may be given either unconditionally or subject to terms. A further rule, which came into operation on the 1st of January, 1886, empowers the Court or a judge by consent to dispose of the action finally and without appeal in a summary manner, and on such terms as to costs or otherwis
...e as the Court or judge shall think just.
A special indorsement has been held to apply to the follow- ing, among other instances : Work and labour ; money paid ; ; money lent ; foreign judgment debt ; guarantees ; trust ; land ; but not to actions for arrears of alimony ( 2 ). It has been decided that a writ is specially indorsed within the meaning of Order hi. r. 6, and Order xiv., if the indorsement gives suffi- ciently specific particulars to bring to the mind of the defen- dant knowledge as to what the plaintiff's claim is ( 3 ).


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