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 19
... trustee for the plaintiff , but it is merely out of grace that the king makes such grant ; Anon . v . Brom- ley ( b ) . In Summervill v . Watkins ( c ) it was held , also , that a party outlawed had no locus standi in Curiâ , so 1832 ...
... trustee for the plaintiff , but it is merely out of grace that the king makes such grant ; Anon . v . Brom- ley ( b ) . In Summervill v . Watkins ( c ) it was held , also , that a party outlawed had no locus standi in Curiâ , so 1832 ...
Page 82
... trustees ; by s . 111 , to order the payment of dividends . Does the new act repeal all or any of these sections ? If not , then the Chancellor's jurisdiction as to all these matters still continues . The only instance in the new act ...
... trustees ; by s . 111 , to order the payment of dividends . Does the new act repeal all or any of these sections ? If not , then the Chancellor's jurisdiction as to all these matters still continues . The only instance in the new act ...
Page 120
... trustees to pay them 3000 / . , which , by the terms of a set- tlement , it was declared that the bankrupt should be enti- tled to the in- terest of during his life , and after his death the principal was to go to his wife ; and the ...
... trustees to pay them 3000 / . , which , by the terms of a set- tlement , it was declared that the bankrupt should be enti- tled to the in- terest of during his life , and after his death the principal was to go to his wife ; and the ...
Page 121
... trustees should not be at liberty to call in , nor compel payment by the bank- rupt of the said sum of 30007. , or any part thereof , during the joint lives of the bankrupt and his wife , unless requested so to do in writing by the wife ...
... trustees should not be at liberty to call in , nor compel payment by the bank- rupt of the said sum of 30007. , or any part thereof , during the joint lives of the bankrupt and his wife , unless requested so to do in writing by the wife ...
Page 122
... trustees had been permitted to prove for the said sum of 3000 / .; and a dividend of 8s . in the pound having since been declared , the trustees had received the sum of 12007. in respect thereof , and that another dividend of 5d . in ...
... trustees had been permitted to prove for the said sum of 3000 / .; and a dividend of 8s . in the pound having since been declared , the trustees had received the sum of 12007. in respect thereof , and that another dividend of 5d . 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...