A Treatise on Warrants of Attorneys, Cognovits, and Judges' Orders for Judgment: With an Appendix of Forms, Volum 393

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S. Sweet, 1844 - 105 pàgines
 

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Passatges populars

Pàgina 16 - ... given by any person, shall be of any« force, unless there shall be present some attorney of one of the superior Courts on behalf of such person, expressly named by him, and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed ; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.
Pàgina 42 - That no creditor having security for his debt, or having made any attachment in London, or any other place, by virtue of any custom there used, of the goods and chattels of the bankrupt, shall receive upon any such security or attachment more than a rateable part of such debt, except in respect of any execution or extent served and levied by seizure upon, or any mortgage of or lien upon any part of the property of such bankrupt before the bankruptcy...
Pàgina 42 - ... no creditor, though for a valuable consideration, who shall sue out execution upon any judgment obtained by default, confession, or nil dicit, shall avail himself of such execution to the prejudice of other fair creditors, but shall be paid rateable with such creditors.
Pàgina 12 - ... and, where the same respectively shall be made as a security for the repayment of money to be thereafter lent, advanced, or paid, or which may become due upon an account current, together with any sum already advanced or due, or without, as the case may be...
Pàgina 26 - WHEREAS frauds are frequently committed upon creditors by secret bills of sale of personal chattels, whereby persons are enabled to keep up the appearance of being in good circumstances and possessed of property, and the grantees or holders of such bills of sale have the power of taking possession of the property of such persons, to the exclusion of the rest of their creditors...
Pàgina 12 - And where the same respectively shall be made as a security for the transfer or retransfer of any share in any of the government or parliamentary stocks or funds, or in the stock and funds of the Governor and...
Pàgina 88 - Scotland respectively as aforesaid, then and in such case it shall be lawful for the said commissioners...
Pàgina 77 - Days after such Cognovit Actionem shall have been executed, otherwise such Cognovit Actionem, and any Judgment entered up thereon, and any Execution taken out on such Judgment, shall be deemed fraudulent and void against the Assignees of the Person giving such Cognovit Actionem, under a Commission of Bankrupt...
Pàgina 45 - ... either by seizure and sale of the property of such prisoner, or any part thereof, or by sale of such property theretofore seized...
Pàgina 97 - Doe and his assigns, from the day of in the year aforesaid, for and during and unto the full end and term of years from thence next ensuing, and fully to be complete and ended.

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