Commentaries on the Present Laws of England, 2. köideW. Clowes and sons, limited, 1891 - 1294 pages |
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Page 522
... Court . " " What avails it , " asked Lord Brougham in a celebrated judg- ment , " towards preventing such malversations , that the con- trivers of sordid injustice feel the power of the Court only where they are clumsy enough to keep ...
... Court . " " What avails it , " asked Lord Brougham in a celebrated judg- ment , " towards preventing such malversations , that the con- trivers of sordid injustice feel the power of the Court only where they are clumsy enough to keep ...
Page 533
... Court will decline to assist the cestui que trust ( 2 ) . An important principle has been long established with refer- ence to trust property which is made , as it is called , the subject of a series of limitations . The principle ...
... Court will decline to assist the cestui que trust ( 2 ) . An important principle has been long established with refer- ence to trust property which is made , as it is called , the subject of a series of limitations . The principle ...
Page 556
... Court shall be bound to give them a sale wholly irrespective of the 3rd section . But still there is a certain dis- cretion left to the Court . Sect . 5 confers upon the Court a discretionary power to order a sale at the request of any ...
... Court shall be bound to give them a sale wholly irrespective of the 3rd section . But still there is a certain dis- cretion left to the Court . Sect . 5 confers upon the Court a discretionary power to order a sale at the request of any ...
Page 560
... Courts of Law and Equity to the new tribunal the High Court " ( 2 ) . Before the Judicature Act ( 3 ) the mortgagee had two rights against the mortgagor which were enforced in different tribunals . He had a personal remedy against the ...
... Courts of Law and Equity to the new tribunal the High Court " ( 2 ) . Before the Judicature Act ( 3 ) the mortgagee had two rights against the mortgagor which were enforced in different tribunals . He had a personal remedy against the ...
Page 570
... Court of Equity would undoubtedly have restrained the legal owner of the property from recovering his title deeds at law so long as the charge continued , and now when law and equity are both administered by the same Court , if there be ...
... Court of Equity would undoubtedly have restrained the legal owner of the property from recovering his title deeds at law so long as the charge continued , and now when law and equity are both administered by the same Court , if there be ...
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Other editions - View all
Common terms and phrases
54 Vict action administration affidavit agreement application appointed bankruptcy Brett's Leading cause or matter Chancery Division claim Companies Act contract costs county court Court of Appeal Court of Chancery Court of Equity Court proceeds covenant creditor debt debtor deceased decided deed defendant direct directors doctrine enforced entitled Equity evidence execution executors fact firm fraud High Court House of Lords indorsed infant injunction interest issue judge judgment or order Judicature Act jurisdiction Justice land liable ment mortgage mortgagor notice parties partner partnership payment person petition plaintiff practice presumption principle proceedings provides purchase purpose question Railway regard respect rule sect settlement shares Sir George Jessel solicitor specific performance statute Statute of Frauds summons surety testator thereof tion trial trustees unless vendor winding-up writ writ of summons
Popular passages
Page 570 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing...
Page 1163 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 1188 - And be it enacted, that if any person shall unlawfully take, or cause to be taken, any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father...
Page 622 - Any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners; but no act in contravention of any agreement between the partners may be done rightfully without the consent of all the partners.
Page 743 - Any party may, without filing any affidavit, apply to the Court or Vice-Chancellor for an order directing any other party to any cause or matter to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein.
Page 611 - The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but...
Page 612 - The advance of money by way of loan to a person engaged or about to engage in any business on a contract with that person that the lender shall receive a rate of interest varying with the profits...
Page 1169 - Queen, or of their eldest son and heir; or if a man do violate the King's companion, or the King's eldest daughter unmarried, or the wife of the King's eldest son and heir; or if a man do levy war against our lord the King in his realm, or be adherent to the King's enemies in his realm, giving to them aid and comfort in the realm, or elsewhere, and thereof be provably attainted of open deed by the people of their condition.
Page 870 - A party producing a Witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the Witness shall in the opinion of the Judge prove adverse, contradict him by other Evidence, or by leave of the Judge prove that he has made at other times a statement inconsistent with his present testimony...
Page 875 - But it is out of regard to the interests of justice, which cannot be upholden, and to the administration of justice, which cannot go on without the aid of men skilled in jurisprudence, in the practice of the courts, and in those matters affecting rights and obligations which form the subject of all judicial proceedings.