A Treatise on the Practice of the High Court of Chancery: With Some Practical Observations on the Pleadings in that Court, 1. köideI.G. M'Kinley & J.M.G. Lescure, 1845 |
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Page 14
... taken notice of by the Court , even though there is an averment introduced into the bill , that the government in question has been recognized . ( f ) Thus , where in order to prevent a demur- rer it was falsely alleged in the bill that ...
... taken notice of by the Court , even though there is an averment introduced into the bill , that the government in question has been recognized . ( f ) Thus , where in order to prevent a demur- rer it was falsely alleged in the bill that ...
Page 16
... taken , that the action ought to have been brought in the name of the College only , or of the President only ; the words of the patent being " quod ipse per nomina Presidentis Collegii seu communitatis facultatis medicinæ London ...
... taken , that the action ought to have been brought in the name of the College only , or of the President only ; the words of the patent being " quod ipse per nomina Presidentis Collegii seu communitatis facultatis medicinæ London ...
Page 21
... taken to the answer , to which the defendant submitted , and put in a further answer , and then applied to the Court that the plaintiff in the original bill might give security for costs , alleging in his affidavit , that upon ...
... taken to the answer , to which the defendant submitted , and put in a further answer , and then applied to the Court that the plaintiff in the original bill might give security for costs , alleging in his affidavit , that upon ...
Page 40
... taken advantage of by plea . Lord Redesdale says , that such a plea is very rare , and that it would be judged with the same strictness as if it were a plea at law . ( 1 ) In Burt v . Brown ( m ) an instance of a plea of conviction for ...
... taken advantage of by plea . Lord Redesdale says , that such a plea is very rare , and that it would be judged with the same strictness as if it were a plea at law . ( 1 ) In Burt v . Brown ( m ) an instance of a plea of conviction for ...
Page 46
... taken to different per- sons , so that every one of those persons might file a bill pro interesse suo . The disability of a bankrupt to maintain a suit , does not apply to a certifi- cated bankrupt suing in respect of property acquired ...
... taken to different per- sons , so that every one of those persons might file a bill pro interesse suo . The disability of a bankrupt to maintain a suit , does not apply to a certifi- cated bankrupt suing in respect of property acquired ...
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Common terms and phrases
action affidavit alleged allowed amend his bill amended bill answer appears apply assignees Attorney bankrupt behalf bill was filed brought cause chose in action claim clerk in Court contempt costs Court of Chancery Court of Equity Court of Exchequer creditors debt decree defendant demurrer Dick dismissed entitled executor feme covert file a bill forma pauperis granted ground heir held husband Ibid infant injunction insolvent interest issue jurisdiction Lord Chancellor Lord Eldon Lord Hardwicke Lord Red Lord Thurlow Lordship lunatic matter mortgage mortgagor motion necessary party objection observed obtained order to amend original bill payment personal estate petition plaintiff plea pleaded prayed principle proceedings prochein amy purpose referred relief respect rule Russ settlement solicitor subpæna subpoena sued suit supplemental bill Thomas Plumer tion trustees Vern Vice Chancellor vide etiam wife wife's writ
Popular passages
Page 23 - ... 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 295 - Lordship in this Honorable Court ; and then and there, full, true, direct, and perfect answer make to all and singular the premises; and further, to stand to, perform, and abide such further order, direction (and decree), therein, as to your Lordship shall seem meet. And your orator shall ever pray, &c.
Page 46 - 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 372 - ... 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...
Page 161 - ... and that in either case there is just ground to believe that such defendant is gone out of the realm or otherwise absconded to avoid being served...
Page 53 - ... of bankruptcy, respectively, unless the other party in such action shall, if defendant, at or before pleading, and, if plaintiff, before issue joined, give notice in writing to such assignee, commissioner, or other person, that he intends to dispute some and which of such matters...
Page 169 - IT is the constant aim of a Court of Equity to do complete justice by deciding upon and settling the rights of all persons interested in the subject of the suit, so as to make the performance of the order of the Court perfectly safe to those who are compelled to obey it, and to prevent future litigation...
Page 244 - ... to the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal, or Master of the Rolls...
Page 46 - ... creditor under the commission fifteen shillings in the pound, such certificate shall only protect his person from arrest and imprisonment, but his future estate and effects (except his tools of trade and necessary household furniture, and the wearing apparel of himself, his wife and children), shall vest in the assignees under the said commission, who shall be entitled to seize the same in like manner as they might have seized property of which such bankrupt was possessed at the issuing the commission.
Page 39 - ... 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...