Although the general practice may be for one party to the suit to draw up a rule obtained in the progress of a cause, if the other party wishes to act upon it, he should draw it up within the time to which it relates; for if not drawn up within such period, it is to be considered as having been abandoned. Where the defendant, in Hilary term, obtained a rule nisi for judgment as in case of a nonsuit, which was discharged on the plaintiffs agreeing to give a peremptory undertaking to try at the sittings after the term, but the rule containing the peremptory undertaking was not drawn up until the 13th of March, which was after the time to which it referred had expired, and the defendant in Easter term obtained a rule absolute in the First instance for judgment as in case of a nonsuit, the Court set such judgment aside for irregularity.
[1840] EngR 594, (1840) 1 Man and G 50, (1840) 133 ER 243
Commonlii
England and Wales
Citing:
Cited – Peters v Fleming 1840
The plaintiff sought a declaration as to goods sold. The defendant pleaded his infancy. The plaintiff pleaded that the goods were necessaries appropriate to the state and condition of the defendant.
Held: The term ‘necessaries’ included those . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 August 2021; Ref: scu.310020 br>