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 |
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Page 33
... rule that all persons , not lying under the disabilities after pointed out , are entitled to maintain a suit as plaintiffs in the Court of Chancery , is not affected by the circumstance of their being resident out of the jurisdiction of ...
... rule that all persons , not lying under the disabilities after pointed out , are entitled to maintain a suit as plaintiffs in the Court of Chancery , is not affected by the circumstance of their being resident out of the jurisdiction of ...
Page 37
... rule at law ; where , however , the plaintiff had not been convicted of felony , but only of a misdemeanor under the 52 Geo . 3 , But not for a c . 130 , s . 2 , for poaching , for which he was sentenced to seven years ' transportation ...
... rule at law ; where , however , the plaintiff had not been convicted of felony , but only of a misdemeanor under the 52 Geo . 3 , But not for a c . 130 , s . 2 , for poaching , for which he was sentenced to seven years ' transportation ...
Page 40
... rule , subject to very few exceptions , that there is no sort or condition of persons but may sue in the Court of Chancery . Amongst the exceptions to this rule those who are in indigent circumstances are not included , and any party ...
... rule , subject to very few exceptions , that there is no sort or condition of persons but may sue in the Court of Chancery . Amongst the exceptions to this rule those who are in indigent circumstances are not included , and any party ...
Page 50
... rule . Disqualifica tions from suing are either absolute , or qualified . Absolute dis- abilities . Excommuni- cation ; abolished by 53 G. 3 , c . 127 . Popish Recu- sancy ; abolished by 31 Geo . 3 , c . 32 . SECT . I. Of the different ...
... rule . Disqualifica tions from suing are either absolute , or qualified . Absolute dis- abilities . Excommuni- cation ; abolished by 53 G. 3 , c . 127 . Popish Recu- sancy ; abolished by 31 Geo . 3 , c . 32 . SECT . I. Of the different ...
Page 57
... rule , that every insurance on alien property by a British subject must be understood with this implied exception ... rules of law . Thus , where a plea averred that the plaintiffs were Frenchmen , aliens and enemies of the King , the ...
... rule , that every insurance on alien property by a British subject must be understood with this implied exception ... rules of law . Thus , where a plea averred that the plaintiffs were Frenchmen , aliens and enemies of the King , the ...
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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...