A Treatise on the Practice of the High Court of Chancery: With Some Practical Observations on the Pleadings in that Court, Volum 3I.G. M'Kinley & J.M.G. Lescure, 1846 |
Frases i termes més freqüents
abatement affidavit allowed amended answer appeal application appointed assignees Beames on Costs bill of revivor bill was filed cause circumstances claim Clerk in Court common injunction counsel course Court of Chancery Court of Equity creditor debt deceased decree or order defendant demurrer Dick directed discharged entitled executor file a supplemental filed a bill fund granted ground hearing House of Lords Ibid inrolment interest issue judgment legacy Lord Chancellor Lord Cottenham Lord Eldon Lord Hardwicke Lord Thurlow Lordship Master mortgagee ne exeat necessary notice of motion observed obtained order nisi original bill paid Palmer's Prac party pay the costs payment petition plaintiff prayed Receiver referred refused rehearing restrain Rolls rule Russ shew solicitor suit supplemental bill Swanst taxation taxed tenant in tail testator tion trustee ubi supra unless Vice Chancellor vide etiam writ
Passatges populars
Pàgina 266 - ... to the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal, or Master of the Rolls...
Pàgina 191 - Interposition of courts of equity to redress the injury or to remove the annoyance; but there must be such an injury, as, from its nature, is not susceptible of being adequately compensated by damages at law, or such as, from its continuance or permanent mischief, must occasion a constantly recurring grievance, which cannot be otherwise prevented (1И.
Pàgina 242 - Receiver, with great reluctance ; compelled by judicial necessity, the effect of fraud clearly proved, and immediate danger if the intermediate possession should not be taken under the care of the Court...
Pàgina 196 - If the parts which have been copied cannot be separated from those which are original, without destroying the use and value of the original matter, he who has made an improper use of that which did not belong to him must suffer the consequences of so doing. If a man mixes what belongs to him with what belongs to me, and the mixture be forbidden by the law, he must again separate them, and he must bear all the mischief and loss which the separation may occasion.
Pàgina 144 - All affidavits which have been previously made and read in court upon any proceeding in a cause or matter may be used before the judge in chambers.
Pàgina 193 - ... shall have, as his property, the sole liberty of representing it, or causing it to be represented, at any place of dramatic entertainment...
Pàgina 199 - Although the maxim is, pendente lite nil innovetur, that maxim is not to be understood as warranting the conclusion that the conveyance so made is absolutely null and void, at all times and for all purposes. The true interpretation of the maxim is that the conveyance does not vary the rights of the parties in that suit, and they are not bound to take notice of the title acquired under it, but, with regard to them, the title is to be taken as if it liad never existed.
Pàgina 137 - But if the Bill had been filed by the devisor himself for some matter touching the estate devised, then the second devisee might file a supplemental Bill in the nature of a Bill of Revivor, notwithstanding the first devisee has already filed such a Bill ; for he derives his title solely from the devisor, independently of the first devisee.2 ^ 386.
Pàgina 175 - Answer swear to be due and in arrear over and above all just Allowances, and also the Costs taxed in the said Suit, there to remain till the hearing of the Cause, or to be paid out to the Lessor or Landlord on good Security...
Pàgina 106 - A supplemental bill must state the original bill, and the proceedings thereon ; and if the supplemental bill is occasioned by an event, subsequent to the original bill, it must state that event, and the consequent alteration with respect to the parties...