Pleading and Practice of the High Court of Chancery, Volume 2 |
From inside the book
Results 1-5 of 77
Page 965
... leave to except to such answer , or to reamend the bill.2 Where not been A defendant who has not been required to answer the bill , and has not answered it , may apply for an order to dismiss the bill for defendant has want of ...
... leave to except to such answer , or to reamend the bill.2 Where not been A defendant who has not been required to answer the bill , and has not answered it , may apply for an order to dismiss the bill for defendant has want of ...
Page 1009
... leave of the Court.5 CH . XXVI . § 3 . Time allowed to bespeak decree or order . Papers to be Registrar , on left with the At the time of bespeaking a decree or order , the party be- speaking the same must leave with the Registrar his ...
... leave of the Court.5 CH . XXVI . § 3 . Time allowed to bespeak decree or order . Papers to be Registrar , on left with the At the time of bespeaking a decree or order , the party be- speaking the same must leave with the Registrar his ...
Page 1013
... leave is given that the cause be put in the paper , " to be spoken to upon the minutes : " in which case , the application to have the cause put in the paper should be made within a fortnight at the utmost . In Prince v . Howard , 10 ...
... leave is given that the cause be put in the paper , " to be spoken to upon the minutes : " in which case , the application to have the cause put in the paper should be made within a fortnight at the utmost . In Prince v . Howard , 10 ...
Page 1020
... leave ; and within five years , by special leave . To what Court appli- cation to be made for leave to enrol . Burden of proof . Where it is intended to enrol a decree or order , it must be so enrolled within six calendar months after ...
... leave ; and within five years , by special leave . To what Court appli- cation to be made for leave to enrol . Burden of proof . Where it is intended to enrol a decree or order , it must be so enrolled within six calendar months after ...
Page 1030
... leave was given to amend it : although the effect of the alteration was to charge Title of order a surety , who had been sued at law under the order , and , relying upon the mistake in the title , had pleaded that there was no such ...
... leave was given to amend it : although the effect of the alteration was to charge Title of order a surety , who had been sued at law under the order , and , relying upon the mistake in the title , had pleaded that there was no such ...
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 guardian 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.