Great Britain
Published: 2013-09
Total Pages: 306
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1868 edition. Excerpt: ...should provide for the costs (am/a T. G. W. ft Company, 6 E. c B. 405; L. J. 25, Q. B. 279); otherwise none can be recovered. As to allowing the costs of an eipert, see Chorion v. Freaen (2 Weekly Notes, 1867, p. 101; 16 L. T., N. S. 171, M. V. C). Interrogatories. 51. In all causes in any of the Superior Courts, by Power to deorder of the court or a judge, -the plaintiff may, with '"rcga"611 the declaration, and the defendant may, with the plea, toriestoopor either of them by leavef of the court or a judge, po"e t"ly' may, at any other time, deliver to the opposite party or his attorney (provided such party, if not a body corporate, would be liable to be called and examined as a witness upon such matter) interrogatories in writing upon any matter as to which discovery may be sought, and require such party, or, in the case of a body corporate, any of the officers of such body corporate, J within ten days to answer the questions in writing by affidavit, to be sworn and filed in the ordinary way; and any party or officer omitting, without just cause, sufficiently to answer all questions as to which a discovery may be sought within the above time, or such extended time as the court or a judge Interrogatories may be delivered in interpleader issues, under 1 & 2 Wai.4, c.SHWhtie v. Watts, 12 C. B., N. S. 207; L. J.31.C. P. 381). t This is very obscurely framed: in practice, leave Is invariably required, vbether the interrogatories be delivered with the declaration, or with the alea, or " at any other time." Compare s. 32 port, p. 261). The time of the application Is not so material as Its other circumstances; but, ordinarily, the application for leave to deliver interrogatories should not be made until...