Reports of Cases in Bankruptcy: Argued and Determined in the Court of Review, and on Appeal Before the Lord Chancellor, Volume 1Saunders and Benning, 1833 - Bankruptcy |
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Page 8
... to be before the Lord Chancellor , this Court had not the power to hear the petition , without a special order for that purpose from the Lord Chancellor . His Honor Sir G. ROSE . - My opinion upon 8 CASES IN THE COURT OF BANKRUPTCY ,
... to be before the Lord Chancellor , this Court had not the power to hear the petition , without a special order for that purpose from the Lord Chancellor . His Honor Sir G. ROSE . - My opinion upon 8 CASES IN THE COURT OF BANKRUPTCY ,
Page 9
... opinion upon the matter is the same which seems to prevail in the mind of his Honor the Chief Judge , namely , that we cannot interfere . There are , however , three courses open to the parties . 1. They may settle the point , as to a ...
... opinion upon the matter is the same which seems to prevail in the mind of his Honor the Chief Judge , namely , that we cannot interfere . There are , however , three courses open to the parties . 1. They may settle the point , as to a ...
Page 14
... opinion that the petitioner ought to be allowed Sir ANTHONY to strike his docket , and that the fiat should issue to the country creditor . It is not necessary that the affidavit should state the consideration for the debt ; nor do the ...
... opinion that the petitioner ought to be allowed Sir ANTHONY to strike his docket , and that the fiat should issue to the country creditor . It is not necessary that the affidavit should state the consideration for the debt ; nor do the ...
Page 21
... opinion , that the arrest was irregu- lar , and that the petitioner is entitled to his discharge . The protection to bankrupts attending commissioners for examination is twofold : 1. Under the common law privilege of a witness attending ...
... opinion , that the arrest was irregu- lar , and that the petitioner is entitled to his discharge . The protection to bankrupts attending commissioners for examination is twofold : 1. Under the common law privilege of a witness attending ...
Page 24
... opinion , and such is the opinion of the whole Court , that the arrest of the petitioner while in attendance on the commissioners was illegal . I come now to the second question , -- has the petitioner any locus standi in judicio , to ...
... opinion , and such is the opinion of the whole Court , that the arrest of the petitioner while in attendance on the commissioners was illegal . I come now to the second question , -- has the petitioner any locus standi in judicio , to ...
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Common terms and phrases
act of bankruptcy act of parliament adjudication affidavit aforesaid amount appeared applied appointed attorney bank Bank of England bankrupt's estate benefit bills cent certificate charge claim commis contended costs Court of Bankruptcy Court of Chancery Court of equity Court of Review debt declared deposit directed dividend duly Edward Holroyd enacted entitled equity ERSKINE estate and effects Ex parte LOWE Ex parte MOULT examination executors fiat Geddes HELSBY indorsement interest January joint estate judgment jurisdiction LANCASTER CANAL London Lord Chancellor Lord Eldon Lord Lyndhurst Madders ment monies Montagu mortgage objection official assignee opinion paid partner partnership party payable payment person peti petitioner petitioning creditor prayed present proceedings prove purpose question received Registrar respect rupt Secretary of Bankrupts separate estate signed sioners Sir G solicitor statute supersede surplus Swanston thereof Thomas Barrow tion Trueman trustees Vice-Chancellor words
Popular passages
Page x - I, AB, do swear, that I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute the several powers and trusts reposed in me as one of the Commissioners for Inventions, and that without favour or affection, prejudice or malice.
Page 621 - Held, that the second distress was void, and that the goods passed to the assignees as being in the order and disposition of the bankrupt at the time of his bankruptcy.
Page xiv - Statute shall be understood to include several Matters as well as One Matter, and several Persons as well as One Person, and Females as well as Males, and Bodies Corporate as well as Individuals, unless it be otherwise specially provided, or there be something in the Subject or Context repugnant to such Construction...
Page 147 - That for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered. 1. What was the common law before the making of the act? 2. What was the mischief and defect for which the common law did not provide? 3. What remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth? And 4. The true reason of the remedy?
Page 151 - We are bound," said Justice Buller in an early case in the King's Bench, " to take the act of Parliament as they have made it: a casus omissus can in no case be supplied by a court of law, for that would be to make laws...
Page 417 - Mortgages shall be entered in a Book or Books to be kept for that Purpose by the Clerk or Treasurer to the said Trustees...
Page 425 - England," and by that Name shall have perpetual Succession and a Common Seal, and by that Name shall and may sue and be sued, and shall...
Page x - That it shall be lawful for the Lord Chancellor, upon the Reversal of any Adjudication of Bankruptcy, or for such other Cause as he shall think fit, to order that any Fiat issued by virtue of this Act shall be rescinded or annulled ; and such Order shall have all the Force and Effect of a Writ of Supersedeas of a Commission according to the existing Laws and Practice in Bankruptcy.
Page xiv - ... shall be understood to include several matters as well as one matter, and several persons as well as one person, and females as well as males, aud bodies corporate as well as individuals, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction...
Page 167 - ... per cent, on all such money, for the time during which he shall have so retained or...