Reports of Cases Argued and Determined in the Court of Exchequer in Equity ... [1834-1842], Volume 1S. Sweet, 1836 |
From inside the book
Results 1-5 of 80
Page 47
... injunction . It has no- thing to do with setting aside the contract , but only with the account . As to that , the two suits are the same ; and , if it were to the interest of the plaintiffs to have the ac- counts taken as against Baily ...
... injunction . It has no- thing to do with setting aside the contract , but only with the account . As to that , the two suits are the same ; and , if it were to the interest of the plaintiffs to have the ac- counts taken as against Baily ...
Page 54
... injunction and certain issues ; but that , so far as the application related to the injunction , no affidavit could be read ; and that , inasmuch as that part of the application relating to the issues was refused , the Master ought not ...
... injunction and certain issues ; but that , so far as the application related to the injunction , no affidavit could be read ; and that , inasmuch as that part of the application relating to the issues was refused , the Master ought not ...
Page 55
... injunction , they are most exorbitant . Besides , they can- not properly be charged in reference to affidavits ; for , where an injunction has been obtained to restrain pro- ceedings at law , upon the coming in of the answer , no ...
... injunction , they are most exorbitant . Besides , they can- not properly be charged in reference to affidavits ; for , where an injunction has been obtained to restrain pro- ceedings at law , upon the coming in of the answer , no ...
Page 56
... injunction upon proper affidavits . Then the objection as to the fees allowed to the commissioners can- not be received now . A motion should have been made to suppress the depositions , or the objection should have been made before the ...
... injunction upon proper affidavits . Then the objection as to the fees allowed to the commissioners can- not be received now . A motion should have been made to suppress the depositions , or the objection should have been made before the ...
Page 57
... injunction must fail . He was also satisfied that the other objections could not be sustained , except that with reference to the commissioners ' fees , he would make some inquiries of the Master . Upon a subsequent day the Master , in ...
... injunction must fail . He was also satisfied that the other objections could not be sustained , except that with reference to the commissioners ' fees , he would make some inquiries of the Master . Upon a subsequent day the Master , in ...
Common terms and phrases
act of Parliament action admitted advowson affidavit aforesaid agent agreement Alderson alleged annuity answer appears apply assignment attorney Bank of England bankrupt bankruptcy bill of discovery Boulnois chapelry charge circumstances claim commissioners contract conveyance costs Court of equity Court of Exchequer creditors dant debts decree deed defendant demurrer documents entitled estate tail evidence executors fact file a bill fraud GLYN grant ground Gwill heirs Hook Bank Hulme indorsement injunction interest issue JESUS COLLEGE Jordan lands lease Lord Chief Baron Lord Eldon Lord Lyndhurst manor matter ment modus mortgage paid parish partnership party payment person plaintiff plea pleaded possession prayed premises present proceedings purchase question rector rent respect Richards Robert Todd Sandhutton shew Simpkinson Slatter SOARES solicitor Sowerby statute suit Suppose testator testator's thereof Thirsk tion tithes TOLDERVY trustees wife William words
Popular passages
Page 234 - ... hereinafter expressed and declared of and concerning the same, that is to say...
Page 235 - Elizabeth, my well beloved wife, for and during the term of her natural life ; and from and immediately after her decease...
Page 224 - Court, be paid to the person or persons who would for the time being have been entitled to the rents and profits of the said manor had no enfranchisement been made as aforesaid.
Page 593 - W. by deed &c. should appoint, and, for want of such appointment, to the heirs of the body of W., share and share alike, as tenants in common, and, if but one child, the whole to such only child, and, for want of such issue, to the heirs of the devisor : the Court of King's Bench held (5 M.
Page 160 - England in the name and with the privity of the Accountant-General of the Court of Chancery, to be placed to his account there...
Page 569 - I cannot help feeling that, in the case of an executory agreement, first to reform and then to decree an execution of it would be •virtually to repeal the Statute of Frauds.
Page 486 - Now in the course of the argument it was urged that an equitable as well as a legal interest may be the subject of conveyance, and that the assignee of a chose in action may file a bill in equity to recover it, though he cannot proceed at law for that purpose. But where an equitable interest is assigned it appears to me that in order to give the assignee a locus standi in a court of equity the party assigning that right must have some substantial possession, some capability of personal enjoyment,...
Page 698 - H., his wife, for their joint lives, and the life of the survivor, with remainder to the children of H.
Page 606 - B. lawfully begotten or to be begotten, equally to be divided between or among them, if more than one, share and share alike as tenants in common and not as joint tenants, and...
Page 428 - December, 1833, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment, or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity...