Reports of Cases in Bankruptcy: Argued and Determined in the Court of Review, and on Appeal Before the Lord Chancellor, Part 35, Volume 1Saunders and Benning, 1833 - Bankruptcy |
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Page 11
... contended , that the mistake of the word " commission , " instead of the word fiat , " was a mere clerical error ; that his clients had used all speed in rectifying it ; and that residing in the country at the distance they did , such ...
... contended , that the mistake of the word " commission , " instead of the word fiat , " was a mere clerical error ; that his clients had used all speed in rectifying it ; and that residing in the country at the distance they did , such ...
Page 12
... contended , is a mere clerical error . But granting that to be so , are we to suffer for their clerical error ? If a Member of Parliament franks a letter on the 1st of January , mistaking the year , will the Post Office forbear to ...
... contended , is a mere clerical error . But granting that to be so , are we to suffer for their clerical error ? If a Member of Parliament franks a letter on the 1st of January , mistaking the year , will the Post Office forbear to ...
Page 19
... contended that there was no material difference between an arrest on a capias ut- lagatum and an arrest on an extent , for both were to compel the payment of a debt . And though in cases of felony the bankrupt would not be protected ...
... contended that there was no material difference between an arrest on a capias ut- lagatum and an arrest on an extent , for both were to compel the payment of a debt . And though in cases of felony the bankrupt would not be protected ...
Page 40
... contending that the commission having been superseded , every pro- ceeding under it fell also to the ground , and therefore that the order for costs on the original petition became a perfect nullity . He stated that the party at whose ...
... contending that the commission having been superseded , every pro- ceeding under it fell also to the ground , and therefore that the order for costs on the original petition became a perfect nullity . He stated that the party at whose ...
Page 42
... contended that as in equity such a petition was always taken to be as of course , so it ought to be in bankruptcy ; but The Court thought that the rule in bankruptcy was , that the opposite party must always be served with a petition ...
... contended that as in equity such a petition was always taken to be as of course , so it ought to be in bankruptcy ; but The Court thought that the rule in bankruptcy was , that the opposite party must always be served with a petition ...
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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 deposited directed dividend duly Edward Holroyd enacted entitled equity ERSKINE estate and effects Ex parte LOWE Ex parte MOULT examination executors fact fiat Geddes HELSBY indorsement interest January joint estate judgment jurisdiction LANCASTER CANAL London Lord Chancellor Lord Eldon Lord Lyndhurst Madders matter 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 separate estate signed sioners Sir G solicitor statute supersede surplus Swanston thereof Thomas Barrow tion trade Trueman trustees Vice-Chancellor words
Popular passages
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 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 167 - ... per cent, on all such money, for the time during which he shall have so retained or...
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 108 - ... assignee or assignees shall die, or be lawfully removed or displaced, and a new assignee or assignees shall be duly appointed, such of the aforesaid...
Page 133 - Even where a complete legal title vests in them, and there is no notice of any equity affecting it, they take subject to whatever equity the bankrupt was liable to.
Page x - I AB do swear, That I will faithfully, impartially, and honestly, according to the best of my Skill and Judgment...
Page 27 - ... provided he was not in custody at the time of such surrender : And if such bankrupt shall be arrested for debt, or on any escape warrant, in coming to surrender, or shall, after his surrender, be so arrested within the time aforesaid, he shall, on producing the summons under the hands of the commissioner to the officer who shall arrest him, and giving such officer a copy thereof, be immediately discharged...