Forms of Judgments and Orders in the High Court of Justice and Court of Appeal: Having Especial Reference to the Chancery Division, with Practical Notes, 1. köide

Front Cover
Stevens and sons, limited, 1891

From inside the book

Contents

226 257
lxxvi
460
lxxx
INTRODUCTION
1
FORMS1 Leave to deliver interrogatories after close of pleadings
2
1 Injunction discharged or continued on motion 2 Continuing
4
CHAPTER I
7
APPEARANCE AND LEAVE TO DEFEND
23
CHAPTER V
30
CHAPTER VI
38
Delivery out of documents 1 To a party or purchaser 2 To
86
Banque FrancoEgyptienne v
99
Gaubert
104
DISPENSING WITH AND APPOINTING REPRESENTATIVES
107
CHAPTER XI
114
1 Proceedings stayed until satisfaction of judgment in another
116
FORMS1 Dismissal of action 2 Judgment for deft 3 Dismissal
122
Anstice Re Anstice v Hibbell
127
FORMS1 Judgment at trial by judge without a jury 2 If standing
144
MOTION FOR JUDGMENT
154
Adjournment
160
Anon W N 76
166
ADDING TO JUDGMENT OR Order
168
Order of the High Court of Justice in Ireland enrolled
170
FORMS of Lodgment Schedules 112 178
178
PAYMENT OF DIVIDENDS AND INTEREST AND TRANSFER SALE
186
FORM of lodgment and payment schedule
197
Cotton
206
CARRYING OVER SECURITIES AND CASH
208
COSTS
211
37
212
FORMS1 Taxation of costs and payment to solr 2 Taxation of costs
218
Trade Mark Re 741
228
Jurisdiction and procedure generallyTaxationparty and party
229
Wilson
240
206
263
Applications and proceedings in chambers Proceedings
273
PROCEEDINGS UNDER JUDGMENT OR ORDER
280
CHAPTER XIX
288
Vinni
289
FORMS1 Inquiry as to title 2 Order to pay in purchasemoney
298
91 491
312
CHAPTER XX
314
99
316
Coates
321
DIRECTING TRIAL OF ISSUES AND QUESTIONS OF FACT
322
SPECIAL DIRECTIONS AS TO TRIAL OF ISSUES AND QUESTIONS
329
Chamberlaine
333
FORMS1 Issues alternative as to heirship 2 Issues as to heiratlaw
335
MOTION
343
Petition of Right Act 1860
349
168
360
REFERENCES BY THE COURT
362
Process against persons not privilegedProcess against particular
369
RECOVERY OF MONEY LAND OR OTHER PROPERTY
375
Writ of attachmentcommittalDebtors ActServiceevidence
384
Auckland L v Westm L B 601
386
Andros Re Andros v Andros
389
SERJEANTATARMS HABEAS CORPUS
390
605
443
1 Order for Sheriff to sell goods seized and pay proceeds into
444
FORMS1 Order for writ to issue 2 Writ discharged on deft giving
450
come
451
Blaiberg
459
Form of orderUndertaking as to damagesService of order
460
AngloGreek c Co No 2 Re 340
467
37 58
469
1 Injunction to stay felling ornamental timber and other waste
471
Lamb
478
TRESPASS
483
Pr¿torius
492
III MINERAL RIGHTS
495
Chambers 279 333 498
498
Muggridge
500
N Staffordshire
504
FORMS1 Interim order restraining use of private road 2 Perpetual
505
VI RIGHTS OF COMMON
514
NUISANCE
520
II POLLUTION OF WATER
528
TRADE MARKS LABELS AND NAMES
534
AngloSwiss Milk Co v Metcalf
542
Patents Designs and Trade Marks Act 1883Infringement
547
Infringementright to injunctionCounty Court jurisdiction
553
Particulars of breaches and objections
559
274
568
INFRINGEMENT OF COPYRIGHT
571
PUBLICATION OF LETTERS AND DOCUMENTS
582
NOTES
588
FORMS1 Injunction against railway Co proceeding on notice to treat
597
Alison Re Sutcliffe
602
ECCLESIASTICAL BENEFICES AND NONCONFORMIST
612
NEGOTIATING SECURITIES
618
STAYING PROCEEDINGS IN FOREIGN COURTS
625
right to oyster fishery and quieting in possession with perpetual
627
CHAPTER XXXII
635
Reference to official or special refereeProceedings under such
654
FORMS1 Appointment of receiver by way of equitable execution
666
Possession or attornmentLettingDistrainingExpenditure
674
RECEIVER AND MANAGER ABROAD
681
CHAPTER XXXIII
688
TRANSFER CONSOLIDATION AND REMOVAL
695
1 Order to stay one of two creditors actions with leave to prove
701
647
702
REMOVAL OF CAUSES AND ACTIONS FROM AND TO INFERIOR
707
527 531
712
CHAPTER XXXVI
717
Spencer Re Barlow
738
145148
SupportInspectionAccount and compensationWayleaves
587
Breach of contract generallyRestraint of tradeIllegality
267
Bartrum
Prohibitionnature of writinferior CourtsWhen granted
Simes
FORMS1 Order for sale of unincumbered estate 2 Leave to
1527

Common terms and phrases

Popular passages

Page 137 - Whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody...
Page 354 - to a submission, or any person claiming 'through or under him, commences any 'legal proceedings in any court against 'any other party to the submission...
Page 378 - Act, no creditor to whom the debtor is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the debtor in respect of the debt, or shall commence any action or other legal proceedings unless with the leave of the Court and on such terms as the Court may impose.
Page 354 - ... the proceedings, apply to that court to stay the proceedings, and that court or a judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.
Page 203 - Islands, or in any colony, island, plantation or place under the dominion of Her Majesty in foreign parts, before any Judge, Court, Notary Public or person lawfully authorised to administer oaths in such country, colony, island, plantation or place respectively, or before any of Her Majesty's Consuls or Vice-Consuls in any foreign parts out of Her Majesty's dominions...
Page 62 - Any party may, without filing any affidavit, apply to a Judge for an order directing any other party to the action to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question in the action.
Page 85 - If any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, he shall be liable to attachment. He shall also, if a plaintiff, be liable to have his action dismissed for want of prosecution, and, if a defendant, to have his defence, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating may apply to the Court or a Judge for an order to that effect, and an order may be made accordingly.
Page 365 - Court or a judge may refer any question arising in any cause or matter (other than a criminal proceeding by the Crown) for inquiry or report to any official or special referee.
Page 477 - An estate for life without impeachment of waste shall not confer or be deemed to have conferred upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right shall expressly appear by the instrument creating such estate.
Page 36 - A further and better statement of the nature of the claim or defense, or further and better particulars of any matter stated in any pleading, may in any case be ordered, upon such terms, as to costs and otherwise, as may be just.

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