A Treatise on the Practice of the High Court of Chancery: With Some Practical Observations on the Pleadings in that Court, 1. köideJ. & W.T. Clarke, 1837 |
From inside the book
Results 1-5 of 100
Page 8
... ground of his inca- pacity , and those in which it is merely to affirm a contract entered into by him for his benefit , or to assert some claim on his behalf . In the former case it was held that the lunatic ought not to be named as ...
... ground of his inca- pacity , and those in which it is merely to affirm a contract entered into by him for his benefit , or to assert some claim on his behalf . In the former case it was held that the lunatic ought not to be named as ...
Page 14
... ground that , although the Attorney - general was plaintiff , yet the relator was to have the whole benefit or loss of the suit , and was himself a party to it , for it would abate by his death , & c . , and the King's name was only ...
... ground that , although the Attorney - general was plaintiff , yet the relator was to have the whole benefit or loss of the suit , and was himself a party to it , for it would abate by his death , & c . , and the King's name was only ...
Page 15
... ground for the interference of the Court , though he is mistaken in the relief prayed , the Court will take care , at the hearing , to decree in such a manner as will best answer the purposes of the charity ( c ) , even though the ...
... ground for the interference of the Court , though he is mistaken in the relief prayed , the Court will take care , at the hearing , to decree in such a manner as will best answer the purposes of the charity ( c ) , even though the ...
Page 22
... grounds of demurrer it was contended , that being a foreign absolute sovereign , he was not capable of maintaining a ... ground , namely , that the parties , who had been joined with the King of Spain as co- plaintiffs , had no interest ...
... grounds of demurrer it was contended , that being a foreign absolute sovereign , he was not capable of maintaining a ... ground , namely , that the parties , who had been joined with the King of Spain as co- plaintiffs , had no interest ...
Page 28
... ground that the new fellows were not parties ; Lord Eldon held that there was no defect of parties , and directed the appeal to proceed ( m ) . A sole corporation suing for a corporate right , having two what right they capacities , a ...
... ground that the new fellows were not parties ; Lord Eldon held that there was no defect of parties , and directed the appeal to proceed ( m ) . A sole corporation suing for a corporate right , having two what right they capacities , a ...
Other editions - View all
Common terms and phrases
affidavit alleged answer appears application assignees attachment Attorney-general bankrupt bankruptcy behalf bill pro confesso bill was filed brought cause chose in action claim clerk in Court commission consent costs Court of Chancery Court of Equity creditors custody debt decree defendant defendant's demurrer Dick discharge entitled executed executor feme covert fendant file a bill forma pauperis granted habeas corpus heir held husband Ibid infant injunction insolvent interest issued Lord Chancellor Lord Eldon Lord Hardwicke Lord Red Lord Thurlow Lordship lunatic Master ment mortgage motion necessary party observed obtained officer outlawry payment petition plaintiff plea pleaded practice prayed prison proceedings process of contempt prochein amy relief rule security for costs Secus sequestration serjeant-at-arms settlement sheriff solicitor subpoena suing suit take the bill taken pro confesso Thomas Plumer tion trust unless Vern vide etiam wife writ
Popular passages
Page 85 - Death or Removal, and new Appointment, allow the Name or Names of the surviving or new Assignee or Assignees to be substituted in the Place of the former; and such Action or Suit shall be prosecuted in the Name or Names of the said surviving or new Assignee or Assignees, in the same Manner as if he or they had originally commenced the same.
Page 38 - ... made, we bind ourselves and each of us, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents.
Page 542 - ... publication, and all such other matters relating to the conduct of suits in the said Court as the Lord Chancellor, with the advice and assistance of the Master of the Rolls and ViceChancellor, or one of them, shall by any general order or orders direct...
Page 224 - ... stands, be compelled ; in every such case, such Court shall direct, and, if necessary, compel, such infant or infants to convey such estates so to be sold (by all proper assurances in the law) to the purchaser or purchasers thereof, and in such manner as the said Court shall think proper and direct : and every such infant shall make such conveyance accordingly, and every such conveyance shall be as valid and effectual to all intents and purposes as if such person or persons, being an infant or...
Page 629 - ... whatsoever ; and therefore we command you, any three or two of you, that you do at certain proper and convenient days and hours, go to and enter upon all the messuages, lands, tenements, and real estate...
Page 76 - Recognizance ; and if at any Time it shall appear to the Satisfaction of the said Court that such Prisoner is of Ability to pay such Debts or any Part thereof, or that he is dead, leaving Assets for that Purpose...
Page 10 - November next, be procured by a party thereto to be solemnized by banns between persons, one or both of whom shall be under the age of twenty-one years, not being a widower or widow, such party knowing that such person as aforesaid under the age of twenty-one years had a parent or guardian then living, and that such...
Page 64 - ... shall extend to the disinheriting of any heir, nor to the prejudice of the right or title of any person or persons other than the right or title of the offender or offenders during his, her, or their natural lives only...
Page 81 - ... and no suit in equity shall be commenced by the assignees without such consent as aforesaid ; provided that if one-third in value or upwards of such creditors shall not attend at any such meeting (whereof such notice shall have been given as aforesaid), the assignees shall have power, with the consent of the commissioners testified in writing under their hands, to do any of the matters aforesaid.
Page 224 - ... of any such heir or heirs, devisee or devisees, an immediate conveyance thereof cannot, as the law at present stands, be compelled, in every such case such Court shall direct, and, if necessary, compel such infant or infants to convey such estates so to be sold (by all proper assurances in the law) to the purchaser or purchasers thereof, and in such manner as the said Court shall think proper and direct; and every such infant shall make such conveyance accordingly; and every such conveyance...