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 32
... course of which judgment was given against one of the parties , from which he appealed to a higher tribu- nal ; but pending that appeal , the other party having come over to this country , the appellant thought proper to follow him ...
... course of which judgment was given against one of the parties , from which he appealed to a higher tribu- nal ; but pending that appeal , the other party having come over to this country , the appellant thought proper to follow him ...
Page 37
... course , as put in for [ * 62 ] delay , and the plaintiff may , notwithstanding such plea , take out process to enforce the defendant to make a better answer , and pay five marks costs , other- wise a plea of outlawry is always a good ...
... course , as put in for [ * 62 ] delay , and the plaintiff may , notwithstanding such plea , take out process to enforce the defendant to make a better answer , and pay five marks costs , other- wise a plea of outlawry is always a good ...
Page 38
... course of the Court a plea of out- lawry , with averment of the same person , ought to be upon oath ; and it was stated that in Lord North's time it was ruled that it might be without oath , because it might come in on the other side to ...
... course of the Court a plea of out- lawry , with averment of the same person , ought to be upon oath ; and it was stated that in Lord North's time it was ruled that it might be without oath , because it might come in on the other side to ...
Page 40
... course that he may , if he is entitled to equitable relief , sue for it in a Court of Equity , in the same manner that he might have done if no attainder had taken place . The only other way in which the disqualification arising from an ...
... course that he may , if he is entitled to equitable relief , sue for it in a Court of Equity , in the same manner that he might have done if no attainder had taken place . The only other way in which the disqualification arising from an ...
Page 43
... course was to apply by petition to have the assignees removed and new assignees appointed . ( m ) * 71 ] * In Spragg v . Binkes , ( n ) it was held by Lord Alvanley , M. R. , that a bankrupt cannot file a bill for the redemption of a ...
... course was to apply by petition to have the assignees removed and new assignees appointed . ( m ) * 71 ] * In Spragg v . Binkes , ( n ) it was held by Lord Alvanley , M. R. , that a bankrupt cannot file a bill for the redemption of a ...
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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...