 | 1882 - 658 pages
...Authorities are cited showing the manifest distinction between law and practice. " Practice " denotes the mode of proceeding by which a legal right is enforced as distinguished from the law which gives the rights, the machinery as distinguished from the product. " The orders and rules under the Judicature... | |
 | Thomas Erskine Holland - 1886 - 402 pages
...unfamiliar in English law. It is said by Lush, LJ, to denote, like ' Practice,' in its larger sense, ' the mode of proceeding by which a legal right is enforced,...and which by means of the proceeding the Court is to administer ; the machinery as distinguished from the product.' Poyser v. Minors, LR 7 QBD 329, p. 555.... | |
 | John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - 1892 - 1218 pages
...Butler v. Young, i Flip. (US) 279; Bowliesi-. Brier, 87 Ind. 395. Practice, in the larger sense, is the mode of proceeding by which a legal right is enforced, as distinguished from the law which gives or declares the right, sometimes convertible with procedure. Payson i<. Minors, LR, 7 Q. 'B. Div. 333.... | |
 | Sir William Henry Rattigan - 1888 - 312 pages
...1882. CHAPTER X. PROCEDURE. 263. Procedure is the term used to express " the mode Procedure defined, of proceeding by which a legal right is enforced,...and which by means of the proceeding the Court is to administer ; the machinery as distinguished from the product."* It constitutes that branch of Law which... | |
 | Victoria, Alan Skinner - 1891 - 448 pages
...Supreme Court by the Judicature Act. "Practice" and "Procedure," are convertible terms, and denote the mode of proceeding by which a legal right is enforced as distinguished from the substantive law which gives or defines the right (Poyaer v. Minors, 1 QBD at pp. 333, 335, 388). For... | |
 | James Bicknell, Edwin Ernest Seager - 1898 - 632 pages
...rights may be enforced or extinguished may be dealt with. The word " practice" in the section, "denotes the mode of proceeding by which a legal right is enforced,...which, by means of the proceeding, the court is to administer the machinery as distinguished from its product," /icr Lush, LJ, Poyser v. Minors, 7 QBD... | |
 | Maryland State Bar Association - 1909 - 448 pages
...has never been more clearly defined than by Lord Justice Lush. It is, he says in one of his opinions, "the mode of proceeding by which a legal right is...and which by means of the proceeding the Court is to administer ; — the machinery, as distinguished from its product.9 The main purpose of the clause... | |
 | Sir William Henry Rattigan - 1899 - 464 pages
...7.2 CHAPTER X. PROCEDURE. CHAP. X. 263. PROCEDURE is the term used to express " the mode of Procedure proceeding by which a legal right is enforced, as...and which by means of the proceeding the Court is to administer; the machinery as distinguished from the product."1 It constitutes that branch of Law which... | |
 | Alexander Martin - 1899 - 460 pages
...of Actions. Sec. 9. Classification of Personal Actions. SEC. 7. Defined. By civil procedure is meant "the mode of proceeding by which a legal right is...distinguished from the law which gives or defines the right." i A civil action at common law is a proceeding in a court of justice for the purpose of obtaining redress... | |
 | Thomas Erskine Holland - 1900 - 542 pages
...unfamiliar in English law. It is said by Lush, LJ, to denote, like ' Practice,' in its larger sense, 'the mode of proceeding by which a legal right is...and which by means of the proceeding the Court is to administer ; the machinery as distinguished from the product.' Poyser v. Minors, LR 7 QBD 329, at p.... | |
| |
Practice" in its larger sense — the sense in which it was obviously used in that Act, like ' ' procedure ' ' which is used in the Judicature Acts, denotes the mode of proceeding by which a legal right is enforced, as distinguished from the law which... 
