Practice of the Court of Chancery: With an Appendix, Containing All the General Orders Issued on and Since the 3rd April, 1823, and Also the Recent Statutes Relative to Practice |
From inside the book
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Page 1
... Chancellor's foot ( a ) . ( Per Lord Eldon , in Gee v . Pritchard , 2 Swanst . 414 ) . Ancient and uniform practice constitutes the law ( a ) " Equity — a roguish thing : for law we have a measure B Clerks in Court . of the land as much as.
... Chancellor's foot ( a ) . ( Per Lord Eldon , in Gee v . Pritchard , 2 Swanst . 414 ) . Ancient and uniform practice constitutes the law ( a ) " Equity — a roguish thing : for law we have a measure B Clerks in Court . of the land as much as.
Page 2
... Lord Eldon , in Brown v . Bruce , 2 Mer . 1 ) . Much of modern practice will , I fear , be found inconsistent with ... Chancellor , and as that is larger or narrower , so is equity . ' Tis all one as if they should make his foot the standard ...
... Lord Eldon , in Brown v . Bruce , 2 Mer . 1 ) . Much of modern practice will , I fear , be found inconsistent with ... Chancellor , and as that is larger or narrower , so is equity . ' Tis all one as if they should make his foot the standard ...
Page 3
... Chancellor was , nevertheless , of opinion , " that he was not bound to decide according to the certifi- cate , as ... Lord Cot- tenham , on appeal , his Lordship made the following observations : - " The real question , therefore ...
... Chancellor was , nevertheless , of opinion , " that he was not bound to decide according to the certifi- cate , as ... Lord Cot- tenham , on appeal , his Lordship made the following observations : - " The real question , therefore ...
Page 11
... Lord Chancellor , or other the person or persons for the time being having the custody of the Great Seal . The bill , or information , or bill and in- Bill must be formation , as the case may be , is usually drawn by counsel . counsel ...
... Lord Chancellor , or other the person or persons for the time being having the custody of the Great Seal . The bill , or information , or bill and in- Bill must be formation , as the case may be , is usually drawn by counsel . counsel ...
Page 12
... whose be- half the information or bill shall be filed ) be dis- ' tinctly marked at or near the top or upper part ' thereof , either with the words ' Lord Chancellor 12 PRACTICE OF THE OF THE BILL TIME TO PLEAD, ANSWER, OR DEMUR.
... whose be- half the information or bill shall be filed ) be dis- ' tinctly marked at or near the top or upper part ' thereof , either with the words ' Lord Chancellor 12 PRACTICE OF THE OF THE BILL TIME TO PLEAD, ANSWER, OR DEMUR.
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Common terms and phrases
affidavit aforesaid alleged allowed amended bill answer separately answer the bill appear and answer application attachment Beav bill pro confesso cause certificate clerk in court costs counsel Court of Chancery Courts of Equity custody decree or order deemed defendant defendant's demurrer direct discharge dismissed entitled equity exceptions fendant filed further answer habeas corpus hearing infant injunction insufficiency interrogatories irregular issued jurisdiction liberty Lord Chancellor Lord Eldon Lords Cottenham Madd Master Master's report ment necessary oath obtained an order office copy overruled party payment person petition plaintiff plea plead practice proceedings process of contempt purpose reference refused revivor rule SECTION security for costs sequestration serjeant-at-arms served sheriff shew Six Clerks solicitor subpoena sufficient suit Swanst swer taken pro confesso thereof think fit tiff tion Vice-Chancellor want of answer wife witnesses writ
Popular passages
Page xx - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Page lxiv - Lord (q), or at any time afterwards, or over which the said CD, on the said day of (}), or at any time afterwards, had any disposing power, which he might, without the assent of any other person, exercise for his own benefit...
Page lxiv - Chancery, and according to the form of the statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments...
Page lxii - AB, by a reasonable price and extent, all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough...
Page xxvi - ... into the Bank of England, in the name and with the privity of the accountant-general of the Court of Chancery...
Page lxxiii - To the end, therefore, that the said defendants may, if they can, show why your orator should not have the relief hereby prayed, and may, upon their several and respective corporal oaths, and according to the best and utmost of their several and respective knowledge, remembrance, information, and belief, full, true, direct, and perfect answer make to such of the several interrogatories hereinafter numbered and set forth, as by the note hereunder written they are respectively required to answer; that...
Page lxvi - CD in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said CD or any person in trust for him was seised or possessed of on the said day of...
Page xliii - Lord High Chancellor of Great Britain,, by and with the advice and assistance of the Right Honourable HENRY LORD LANGDALE, Master of the Rolls...
Page lxv - AB, as his proper goods and chattels, and also to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns until the said two several sums of £ and £ together with interest as aforesaid, shall have been levied.
Page lix - AB, in pursuance of the said decree or order (as the case may he). And that you do all such things as by the statute passed in the second year of our reign, you are authorized and required to do in this behalf, and in what manner you shall have executed this our writ, make appear to us in our said Court immediately after the execution thereof. And have there then this writ.