 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...  The Elements of Jurisprudence - Page 257by Thomas Erskine Holland - 1900 - 430 pagesFull view - About this book
 | 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,...to administer the machinery as distinguished from its product," /icr Lush, LJ, Poyser v. Minors, 7 QBD at p. 338. The board would have full power to... | |
 | 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...administer; the machinery as distinguished from the product."1 It constitutes that branch of Law which is called" Adjective," as distinguished from that... | |
 | 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... | |
 | India - 1900 - 336 pages
...this section.* '"Practice" in its larger sense . . . , like "procedure" . . . , denotes procedure. the mode of proceeding by which a legal right is enforced, as distin- Practice, gnished from the law which gives or defines the right, and which by means of the... | |
 | Frederick Stroud - 1903 - 928 pages
...possible " ; V. NEXT. PRACTICE "Practice," in its larger sense, is like "Procedure," and " denotes the mode of proceeding by which a legal right is enforced,...distinguished from the law which gives or defines the right " (per Lush, LJ, Peyser v. Minors, 1 QBD 333 ; 50 LJ Ex. 557). The " Practice " of a Court, when that... | |
 | Sir Fredrick Pollock, Bart - 1904 - 278 pages
...rights is not the law, nor even a separable or Law. i Procedure has been judicially described as " 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 its product": Lush LJ in Poyscr v. Minors (1881),... | |
 | District of Columbia. Court of Appeals - 1905 - 696 pages
...S. 231, 232, 27 L ed. 510, 2 Sup. Ct. Rep. 443. The term "procedure" is said by Lush, LJ, to denote "the mode of proceeding by which a legal right is...to administer: the machinery as distinguished from its product," Poyser v. Minors, LR 7 QB^Div. 329-333. "Adjective criminal law, 'penal procedure,' *... | |
 | Thomas Erskine Holland - 1906 - 484 pages
...self-help is permissible. In all other cases it 1 Supra, pp. 86, 160. See Bentham, Worka, ii. p. 6. t The term ' Procedure' was, till the passing of the...distinguished from the product.' Poyser v. Minors, LR yQ. B. I). 329, at p. 333. Procedure is by many German writers very inappropriately called 'formal... | |
 | 1961 - 858 pages
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 | Alexander Wood Renton, Maxwell Alexander Robertson - 1906 - 736 pages
...systematic writers, Adjective Law. Procedure—with which " practice " is sometimes synonymous—" 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." 2 In modern law, procedure tends more... | |
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