Pleading and Practice of the High Court of Chancery, Volume 2 |
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Page 818
... plaintiff had elected to proceed abroad , Lord Eldon stayed proceedings in this country.4 It seems that , in a particular case , the plaintiff may be allowed to proceed partially in Equity , and partially at Law , and compelled to enter ...
... plaintiff had elected to proceed abroad , Lord Eldon stayed proceedings in this country.4 It seems that , in a particular case , the plaintiff may be allowed to proceed partially in Equity , and partially at Law , and compelled to enter ...
Page 817
... plaintiff is suing both at Law and in Equity , at the same time , for the same matter , the defendant is entitled to an order that the plaintiff may elect whether he will proceed with the suit in Equity , or with the action at Law.1 ...
... plaintiff is suing both at Law and in Equity , at the same time , for the same matter , the defendant is entitled to an order that the plaintiff may elect whether he will proceed with the suit in Equity , or with the action at Law.1 ...
Page 819
... plaintiff is prosecuting him in this Court and also at Law for the same . matter , may , by notice in writing , require the plaintiff to set down the exceptions , within four days from the service of the notice . And if the plaintiff ...
... plaintiff is prosecuting him in this Court and also at Law for the same . matter , may , by notice in writing , require the plaintiff to set down the exceptions , within four days from the service of the notice . And if the plaintiff ...
Page 820
... plaintiff can show that justice will be better done by permitting proceedings to any extent , in which case it is for him to ask for leave to proceed and to state his reasons . Lord Eldon stated his opinion to be , that an injunction to ...
... plaintiff can show that justice will be better done by permitting proceedings to any extent , in which case it is for him to ask for leave to proceed and to state his reasons . Lord Eldon stated his opinion to be , that an injunction to ...
Page 821
... plaintiff to proceed at Law , cannot be pleaded in bar to another suit for the same matter.2 It has before been stated , that , in contradistinction to the ordi- nary cases of election , there is another class of cases which are not ...
... plaintiff to proceed at Law , cannot be pleaded in bar to another suit for the same matter.2 It has before been stated , that , in contradistinction to the ordi- nary cases of election , there is another class of cases which are not ...
Contents
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Common terms and phrases
16 Vict affidavit allowed answer appears application appointed attend Beav bill of review cause certificate chambers charge chief clerk claim commission Commissioners confirmed copy costs counsel Court of Chancery Court of Equity creditors debts decree or order deed defendant depositions documents enrolled entitled evidence examination exceptions executor facts filed Green Ch Greenl Hare hearing House of Lords Ibid interest interrogatories issue John Judge judgment Lord Chancellor Lord Cottenham Lord Eldon Lord Langdale manner Master Master's office Master's report mortgagee motion Munf necessary notice oath objection obtained original paid Paige party payment personal estate petition plaintiff practice proceedings produced purchaser Receiver reference refused rehearing respect revivor rule sequestration Serjeant-at-arms Seton on Decrees Smith solicitor Story Eq subpoena suit summons supplemental bill Swanst taken thereof tion trial trustee ubi supra unless Vice-Chancellor viva voce warrant witness writ
Popular passages
Page 884 - Viet. c. 99. s. 2. enacts that, " On the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any Court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence...
Page 861 - Whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody, and no statute exists which renders its contents provable by means of a copy, any copy thereof or extract therefrom shall be admissible...
Page 1028 - Court of common law, nor any order in bankruptcy or lunacy, shall by virtue of this act affect any lands, tenements or hereditaments, as to purchasers, mortgagees or creditors, unless and until a memorandum or minute, containing the name and the usual or last known place of abode, and the title, trade or profession...
Page 899 - Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony ; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
Page 883 - ... but that every person so offered may and shall be admitted to give evidence on oath, or solemn affirmation in those cases wherein affirmation is by law receivable, notwithstanding that such person may or shall have an interest in the matter in question, or in the event of the trial of any issue, matter, question, or...
Page 1532 - Whenever a suit in equity shall become abated by the death of either party, or by any other .event, the same may be revived by a bill of revivor or a bill in the nature of a bill of revivor, as the circumstances of the case may require, filed by the proper parties entitled to revive the same...
Page 1258 - ... certain time or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, 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...
Page 1314 - ... question in this suit set forth in the first and second parts of the first schedule hereto. 2. I object to produce the said documents set forth in the second part of the said first schedule hereto.
Page 1052 - Sim. 259. 1854. recovered and interest thereon ; and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to if such charge had been made in his favour by the judgment debtor...
Page 1461 - ... items, may, at any time before the certificate or allocatur is signed, deliver to the other party interested therein, and carry in before the taxing officer, an objection in writing to such allowance or disallowance, specifying therein by a list, in a short and concise form, the...