The Legal Observer, and Solicitors' JournalWm. Maxwell, 1854 |
From inside the book
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Page 8
... DEBT IN CHAMBERS , WHERE CLAIM FAILS . This was a motion by the executors for the payment by a person , claiming to be a cre- ditor , of the costs to which they had been put in opposing his claim on the estate of their testator , before ...
... DEBT IN CHAMBERS , WHERE CLAIM FAILS . This was a motion by the executors for the payment by a person , claiming to be a cre- ditor , of the costs to which they had been put in opposing his claim on the estate of their testator , before ...
Page 9
... debt . The creditor upon the evidence failed to prove his debt . Who then is to pay the costs of that inquiry ? I think , if I were to allow the assets in course of administration to be diminished by the costs of METROPOLITAN AND ...
... debt . The creditor upon the evidence failed to prove his debt . Who then is to pay the costs of that inquiry ? I think , if I were to allow the assets in course of administration to be diminished by the costs of METROPOLITAN AND ...
Page 10
... debts of his wife contracted before marriage ? 10. In an action against executors for a debt due by their testator , which of the executors should be joined as defendants ? 11. Name the contracts required to be in writing by the 4th ...
... debts of his wife contracted before marriage ? 10. In an action against executors for a debt due by their testator , which of the executors should be joined as defendants ? 11. Name the contracts required to be in writing by the 4th ...
Page 11
... debt accrued , in any , and what , par- 40. How is evidence given and taken in the Court of Chancery , and by what mode of tak - ticular material ? 12 Questions at the Examination . - London Commissioners in. M 41. What is a commission ...
... debt accrued , in any , and what , par- 40. How is evidence given and taken in the Court of Chancery , and by what mode of tak - ticular material ? 12 Questions at the Examination . - London Commissioners in. M 41. What is a commission ...
Page 12
... debts without a petition for an adjudication in bank- ruptcy , or proceeding under the Insolvent Debtors ' Act ? 62. What particulars are necessary to be stated in an affidavit or deposition , to prove a debt under an adjudication ? 63 ...
... debts without a petition for an adjudication in bank- ruptcy , or proceeding under the Insolvent Debtors ' Act ? 62. What particulars are necessary to be stated in an affidavit or deposition , to prove a debt under an adjudication ? 63 ...
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Common terms and phrases
16 Vict action Admitted affidavit aforesaid alteration amend amount appeared application appointed articled clerks assignees attorney authorised bankrupt bankruptcy bill cause certificate charge claim clerk Commissioners Committee Common Law copyholder costs Council County Court County Palatine Court of Chancery Court of Equity creditors debt decree deed defendant discharge election enacted England entitled Equity evidence examination execution executor expense fees filed fund granted held Hilary Term Inns of Chancery Inns of Court interest issue John Judge judgment jurisdiction jury land Law Society lease liable London Lord Chancellor lordships Master ment mortgage oath obtained paid Parliament parties partnership payable payment person petition plaintiff present proceedings Profession question Railway reference respect Roll rule Scotland Session solicitor stamp duty suit suitors Superior Courts Term testator thereof tion trial trust Vice-Chancellor writ
Popular passages
Page 355 - ... conviction, without proof of the signature or official character of the person appearing to have signed the same.
Page 392 - ... provided always, that the aforesaid enactment shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses bond fide incurred at or concerning any election.
Page 356 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 372 - Court or a judge may, upon the ex parte application of such judgment creditor, either before or after such oral examination, and upon affidavit by himself or his solicitor stating that judgment has been recovered, and that it is still unsatisfied, and to what amount, and that any other person is indebted to the judgment debtor, and is within the jurisdiction, order that all debts owing or accruing from such third person (hereinafter called the garnishee) to the judgment debtor shall be attached to...
Page 334 - Viet. c. 113), which enacts that " when any person shall, after the 31st of December, 1854, die seised of or entitled to any estate or interest in any land or other hereditaments, which shall at the time of his death be charged with the payment of any sum or sums of money by way of mortgage, and such person shall not, by his will or deed or other document, have signified any contrary or other intention, the heir or devisee to Chap.
Page 355 - 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...
Page 392 - ... upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting...
Page 354 - If the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award.
Page 444 - An Act to defray the Charge of the Pay, Clothing, and contingent and other Expenses of the Disembodied Militia in Great Britain and Ireland; to grant Allowances in certain Cases to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant-Surgeons and Surgeons' Mates of the Militia ; and to authorize the Employment of the Non-Commissioned Officers.
Page 250 - And be it enacted, That in citing this Act in other Acts of Parliament, and in legal and other Instruments, it shall be sufficient to use the Expression " The House of Lords Costs Taxation Act, 1849.