A Treatise on the Practice of the Court of Chancery, 2. köideSaunders and Benning, 1835 |
From inside the book
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Page 5
... thereof given to the clerk in court of the opposite party , at the expiration of such twenty - eight days , the enrolment may be signed and perfected . Vol . I. 322. A petition of rehearing or appeal prevents the en- rolment being ...
... thereof given to the clerk in court of the opposite party , at the expiration of such twenty - eight days , the enrolment may be signed and perfected . Vol . I. 322. A petition of rehearing or appeal prevents the en- rolment being ...
Page 39
... thereof upon the said C. D.'s solicitor , or clerk in court in the said cause , shall be deemed good service . And that your lordships , upon hearing the merits of the said cause , will be pleased to reverse ( or vary ) the said decree ...
... thereof upon the said C. D.'s solicitor , or clerk in court in the said cause , shall be deemed good service . And that your lordships , upon hearing the merits of the said cause , will be pleased to reverse ( or vary ) the said decree ...
Page 48
... A bill of review brought to reverse a decree for error apparent on the face thereof , may be filed without the leave of the Court . Anon . 2 P. W. 283. Perry v . Phelips , 17 Ves . 178. Gould v . Tancred , 2 Atk . 534 48 BILL OF REVIEW .
... A bill of review brought to reverse a decree for error apparent on the face thereof , may be filed without the leave of the Court . Anon . 2 P. W. 283. Perry v . Phelips , 17 Ves . 178. Gould v . Tancred , 2 Atk . 534 48 BILL OF REVIEW .
Page 70
... thereof as advised at their own expense , and such of them , as either side shall give notice to have produced at the said trial are to be produced accordingly , and the further directions or the exceptions ( as the case may be ) are ...
... thereof as advised at their own expense , and such of them , as either side shall give notice to have produced at the said trial are to be produced accordingly , and the further directions or the exceptions ( as the case may be ) are ...
Page 73
... thereof to the defendant's attorney , and the same is settled by him . If the parties are unable to agree upon the issue , a fair copy of the issue is made , and left in the Mas- ter's office ; a warrant is then taken out and served on ...
... thereof to the defendant's attorney , and the same is settled by him . If the parties are unable to agree upon the issue , a fair copy of the issue is made , and left in the Mas- ter's office ; a warrant is then taken out and served on ...
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Common terms and phrases
affidavit allowed annuities answer apply appointed arbitrators assets award bill of review bond cause certificate Chancery charge clerk in court Close copy consent copy and service counsel Court of Chancery courts of equity creditor date the day debts decree or order defendant defendant's demurrer deponent deposit discharge engrossing enrolment entitled examination exceptions executor filed his bill folio fund further directions hearing House of Lords humble Petition interest interrogatories issue judgment lease legacy legatee liberty Lord Chancellor Lord Eldon Lord Hardwicke Madd Master Master's clerk Master's office Master's report notice of motion nunc pro tunc oath objections office copy open the biddings order nisi party and party payment personal estate petition of appeal petitioner plaintiff pleadings proceedings purchase money reference rehearing Right Honourable Russ serjeant-at-arms settled Sheweth signed solicitor and client subpoena suit Sworn taken thereof tion Vice Chancellor warrant on leaving witnesses
Popular passages
Page 487 - Payment well and truly to be mucto we bind ourselves, and each of us, our and each of our Heirs, Executors and Administrators, jointly and severally, firmly by these Presents.
Page 283 - That in Actions of Debt or upon the Case grounded upon any Simple Contract no Acknowledgment or Promise by Words only shall be deemed sufficient Evidence of a new or continuing Contract, whereby to take any Case out of the Operation of the...
Page 284 - ... within two years after the cause of such actions or suits, but not after ; and the said other actions, within three years after the end of this present session, or within six years after the cause of such actions or suits, but not after...
Page 366 - Record, which the parties shall choose, and to insert such their agreement in their submission, or the condition of the bond or promise, whereby they oblige themselves respectively to submit to the award or umpirage of any person or persons...
Page 249 - ... devisee or devisees of such debtor, shall be liable to all the same suits in equity at the suit of any of the creditors of such debtor, whether creditors by simple contract or by specialty, as...
Page 111 - The master shall be at liberty to examine any creditor or other person coming in to claim before him, either upon written interrogatories or viva voce, or in both modes, as the nature of the case may appear to him to require. The evidence upon such...
Page 49 - No bill of review shall be admitted, or any other new bill, to change matter decreed, except the decree be first obeyed and performed : as, if it be for land, that the possession be yielded ; if it be for money, that the money be paid ; if it be for evidences, that the evidences be brought in ; and so in other cases which stand upon the strength of the decree alone. 4. But if any act be decreed to be done which extinguisheth the parties...
Page 249 - ... when any person shall die seised of or entitled to any estate or interest in lands, tenements, or hereditaments, corporeal or incorporeal, or other real estate whether freehold, customaryhold, or copyhold, which he shall not by his last will have charged with or devised subject to the payment of his debts...
Page 232 - And for the better taking the said accounts and discovery of the matters aforesaid, the parties are to produce before the said Master, upon oath, all deeds, books, papers, and writings in their custody or power relating thereto, and are to be examined upon interrogatories as the said Master shall direct...
Page 95 - Master with due diligence, there the Master shall be at liberty, upon the application of any other party interested, either as a party to the suit or as one who has come in and established his claim before the Master under the decree or order, to commit to him the prosecution of the said decree or order...