3. [P]ledges of prosecution. The original writ in a lawsuit directed the sheriff, to whom it was...

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3. “[P]ledges of prosecution.” The original writ in a lawsuit directed the sheriff, to whom it was addressed, to take some action, conditioned on plaintiff’s “mak[ing] you secure of prosecuting his claim.” Thus plaintiff had to furnish sureties, who would be liable to pay a fine that was imposed upon unsuccessful claimants. As the names of the pledges in the case suggest, the requirement became a sham.

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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