Book Description

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. 1888 edition. Excerpt: ... the redress or prevention of a wrong, cannot be had under this Code of Procedure, the practice he/etofore in use may be adopted so far as may be necessary to prevent a failure of justice. This section is referred to in Arthur v. Allen, 22 S. C, N. S.. 44: i. The section 472 (old Code) was left out in revision of 1882. 473 Sec 450. The Justices of the Supreme Court and the Judges of the Circuit Courts shall meet in general convention on such day and at such place as may he designated by the Chief Justice, at least once in every two years counting from the year of our Lord one thousand eight hundred and eighty-two, for the purpose of revising and amending the rules of the Circuit Court and establishing such additional rules as may be deemed necessary to regulate the practice in the Circuit Courts: Provided, Such alterations or additions be not inconsistent with any of the Statutes of this State. This section was altered to its present reading bv Act of December 21. 1882. 18 Stats., 56. 474 Sec. 451. The Justices of the Supreme Court shall, from time to time, make such rules for the orderly conduct of business in said Court as they may deem proper, not inconsistent with this ('ode of Procedure. 473 Sec. 452. Until the Legislature shall otherwise provide, the second part of this Code of Procedure shall not affect proceedings by mandamus or prohibition. Sec. 453. Generally in all matters in which there is any conflict or variance between the rules of Equity and the rules of the Common Law, with reference to the same matter, the rules of Equity shall prevail. INDEX--TO--CODE OF CIVIL PROCEDURE. ABATE--when action not to. by the death, marriage or other disability, &c.,98. does, in action ex delicto (retaining in service a servant), 99...