Pleading and Practice of the High Court of Chancery, Volume 2 |
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Page 974
... decree has been obtained by fraud , relief may be had against it by original bill . The consent of counsel to a decree is to be given upon their own conception of their instructions . It has been before stated , 5 that although , where ...
... decree has been obtained by fraud , relief may be had against it by original bill . The consent of counsel to a decree is to be given upon their own conception of their instructions . It has been before stated , 5 that although , where ...
Page 978
... decree , as , upon the pleadings and evidence , the plaintiff is entitled to . * Formerly , the decree made , in such a case , was a decree nisi , giving the defendant a day to show cause against it ; but now , it is absolute in the ...
... decree , as , upon the pleadings and evidence , the plaintiff is entitled to . * Formerly , the decree made , in such a case , was a decree nisi , giving the defendant a day to show cause against it ; but now , it is absolute in the ...
Page 980
... decree : in such a case , the willing to be bound by the rule seems to be , that any party named as a defendant to a bill may , with the consent of the plaintiff alone , appear at the hearing of the cause , and be bound by the decree ...
... decree : in such a case , the willing to be bound by the rule seems to be , that any party named as a defendant to a bill may , with the consent of the plaintiff alone , appear at the hearing of the cause , and be bound by the decree ...
Page 986
... decree . Interlocutory or final . Interlocutory ] decrees : DECREES AND ORDERS . SECTION I. General Nature of Decrees and Orders . A DECREE is a sentence or order of the Court , pronounced on hearing and understanding all the points in ...
... decree . Interlocutory or final . Interlocutory ] decrees : DECREES AND ORDERS . SECTION I. General Nature of Decrees and Orders . A DECREE is a sentence or order of the Court , pronounced on hearing and understanding all the points in ...
Page 987
... decree can be final , or conclude the cause . Thus , if any matter of fact is strongly controverted , how tried . the Court will , where necessary , direct such matter to be tried be- fore itself , either with or without a jury ; or ...
... decree can be final , or conclude the cause . Thus , if any matter of fact is strongly controverted , how tried . the Court will , where necessary , direct such matter to be tried be- fore itself , either with or without a jury ; or ...
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Common terms and phrases
9 Jur affidavit allowed answer ante appeal application appointed Attorney-General Beav bill of review Braithwaite's Pr C. E. Green cause certificate Chambers charge claim Clerk Common Law copy counsel Court of Chancery Court of Equity creditor cree decree or order defendant directed dismissed enrolment entitled Equity evidence examination executor facts filed form of order fund granted Green Ch Hare hearing Ibid infant injunction interest interpleader interrogatories issue John Judge jurisdiction jury Lord Lord Chancellor Lord Eldon Master ment mortgagee necessary notice of motion obtained original bill paid Paige party pay the costs payment person petition plaintiff proceedings purchaser refused Registrar rehearing restrain revivor rule S. C. nom sequestration Seton Smith solicitor Story Eq subpoena suit summons supplemental bill Swanst testator thereof tion trial trustee ubi sup unless verdict witness XXIX
Popular passages
Page 1100 - A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but...
Page 1103 - ... a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the clerk of the Court, or other officer having the custody of the records of the Court where the offender was convicted, or by the deputy of such clerk or officer (for which certificate...
Page 1101 - 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 1102 - a witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the subject matter of the cause, without such writing being shown to him ; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him...
Page 1061 - Every person, not being a party in any cause, who has obtained an order, or In whose favor an order shall have been made, shall be enabled to enforce obedience to such order by the same process as if he were a party to the cause...
Page 1100 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.
Page 1080 - In all cases in which the court of chancery has jurisdiction to entertain an application for an injunction against a breach of any covenant, contract or agreement, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant, contract or agreement, it...
Page 1036 - ... be binding as against the issue of his body and all other persons whom he might without the assent of any other person cut off and debar from any remainder, reversion, or other interest in or out of any of the said lands...
Page 1641 - ... claim a writ of injunction against the repetition or continuance of such breach of contract or other injury, or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating...
Page 1629 - If the thing sought to be prohibited is in itself a nuisance, the Court will interfere to stay irreparable mischief without waiting for the result of a trial ; and will, according to the circumstances, direct an issue or allow an action, and, if need be, expedite the proceedings, the injunction being in the meantime continued.