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 20
... question of costs , in case the Court decided in favour of the petitioner , he trusted that as no case was cited to show that the arrest was illegal , the Court would not at any rate visit the parties with the penalty of costs , when ...
... question of costs , in case the Court decided in favour of the petitioner , he trusted that as no case was cited to show that the arrest was illegal , the Court would not at any rate visit the parties with the penalty of costs , when ...
Page 21
... question of great importance , and one entirely depending upon the principles of the common law , Cur . adv . vult ... questions arise on the facts stated in this petition . 1. Whether the protection , afforded by the law to bankrupts ...
... question of great importance , and one entirely depending upon the principles of the common law , Cur . adv . vult ... questions arise on the facts stated in this petition . 1. Whether the protection , afforded by the law to bankrupts ...
Page 30
... question of costs , it was held by Lord Eldon , in Ex parte Woods , 1 Rose , 46 , 18 Ves . 1 , which was a similar case of a sheriff's officer arresting a bankrupt during his protection , that the costs must be paid by the officer ...
... question of costs , it was held by Lord Eldon , in Ex parte Woods , 1 Rose , 46 , 18 Ves . 1 , which was a similar case of a sheriff's officer arresting a bankrupt during his protection , that the costs must be paid by the officer ...
Page 44
... question whether W. & Co. could prove the amount of the bills both against the joint estate of B. & G. and the separate estate of G. , or whether they must elect : -But held , per tot . Cur . , that the amount of dividends which had ...
... question whether W. & Co. could prove the amount of the bills both against the joint estate of B. & G. and the separate estate of G. , or whether they must elect : -But held , per tot . Cur . , that the amount of dividends which had ...
Page 45
... question was on the 18th November , 1828 , proved by Williams and Co. under the commis- sion against Johnston ; under which , two dividends , one of 28. 6d . in the pound , and the other of 2d . in the pound , amounting to 2s . 8d . in ...
... question was on the 18th November , 1828 , proved by Williams and Co. under the commis- sion against Johnston ; under which , two dividends , one of 28. 6d . in the pound , and the other of 2d . in the pound , amounting to 2s . 8d . in ...
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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...