Reports of Some Cases Adjudged in the Courts of the Lord Chancellor, Master of the Rolls, and Vice-chancellor, in the Years 1837-1838: With Notes and an Appendix, Հատոր 1S. Sweet, 1841 - 676 էջ |
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Reports of some Cases adjudged in the Courts of the Lord Chancellor, Master ... Charles Purton Cooper Ամբողջությամբ դիտվող - 1841 |
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action affidavit aforesaid agreement amount annuity answer appear applied April arrears assignment Attorney-General benefit bond cause charity Company costs Court of Chancery court of equity coverture creditor debt deceased December decree deed default defendant defendant's demurrer devised directed discharged entitled execution executors expiration feme coverte fendant feoffees feoffment filed funds further given goit Goldsmiths governors granted heirs husband injunction interest John John Leach judgment land legacies liberty Lord Chancellor Lord Eldon Master Master's report ment mentioned mortgage Mylne & Craig notice of motion November obligee obtained office copy order to amend paid parish parties payment penalty personal estate plaintiff plea plead premises principal debtor proceedings quòd reference rents and profits replevin replication respect rule scire facias seised serjeant-at-arms settled pensions Simons solicitor statute subpoena suit surety term testator testator's therein thereof tion trust Vesey Vice-Chancellor wife William witnesses writ
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Էջ 205 - ... allow interest to the creditor, at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall...
Էջ 326 - Lancaster, or being the property of any ecclesiastical or lay person or body corporate, when such way or other matter as herein last before mentioned shall have been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years...
Էջ 379 - Gibbs ; and it was ordered that such sum of 1,404/. 2s., when so paid into the Bank, should be laid out in the purchase of Bank £3 per cent. Annuities, in the name and with the privity of the said Accountant-General, in trust in the said cause, and he was to declare the trust thereof accordingly, subject to the further order of the said Court, and for the purposes aforesaid the said AccountantGeneral was to...
Էջ 633 - ... which is a writ of a most remedial nature, and seems to have been invented lest in any case there should be an oppressive defect of justice, where a party who hath a good defense is too late to make it in the ordinary forms of law.
Էջ 397 - ... mentioned, unless such order be obtained within six weeks after the answer, if there be only one defendant, or after the last of the answers, if there be two or more defendants, is to be deemed sufficient.
Էջ 437 - The service of a subpoena shall be effected by delivering a copy of the writ, and of the indorsement thereon, and at the same time producing the original writ.
Էջ 402 - ... judge of the court, upon motion or petition, after due notice to the other party, and upon proof by affidavit, that the same is not made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable...
Էջ 402 - ... made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable diligence have been sooner introduced into the bill...
Էջ 269 - Philadelphia, be, and shall be, for ever hereafter, persons able and capable in law, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended...
Էջ 326 - ... claim may be defeated in any other way by which the same is now liable to be defeated...