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Pleading and Practice of the High Court of Chancery, Volumes 1-3
Edmund Robert Daniell
Volledige weergave - 1846
action affidavit alleged allowed amend answer appears apply assignees Attorney-general authority Bank bankrupt behalf benefit bill brought cause charge circumstances cited claim considered corporation costs course Court debt decree defendant demurrer directed discovery effect entered entitled Equity execution executor fact filed give given granted ground hearing heir held husband infant instituted interest issue John jurisdiction leave Lord matter mortgage motion necessary notice objection observed obtained opinion original paid Paige party payment person petition plaintiff plea pleaded possession practice prayed principle proceedings proper question record reference relator relief respect rule seems separate served settlement Smith solicitor Story Eq sued sufficient suit taken term tion trustees unless vide whole wife wife's writ
Pagina 631 - But it is out of regard to the interests of justice, which cannot be upholden, and to the administration of justice, which cannot go on without the aid of men skilled in jurisprudence, in the practice of the courts, and in those matters affecting rights and obligations which form the subject of all judicial proceedings.
Pagina 310 - In all cases in which the plaintiff has a joint and several demand against several persons, either as principals or sureties, it shall not be necessary to bring before the court as parties to a suit concerning such demand all the persons liable thereto, but the plaintiff may proceed against one or more of the persons severally liable.
Pagina 468 - Court as the Lord Chancellor, with the advice and assistance of the Master of the Rolls and ViceChancellor, or one of them, shall by any general order or orders direct...
Pagina 601 - No demurrer or plea shall be held bad and overruled upon argument, only because the answer of the defendant may extend to some part of the same matter as may be covered by such demurrer or plea.
Pagina 529 - ... and also (in the case of such defendant being an infant not residing with or under the care of his father or guardian) served upon or left at the dwelling-house of the father or guardian, if any, of such infant, unless the Court or Judge at the time of hearing such application shall dispense with such last-mentioned service.
Pagina 491 - We command you, that within [here insert a sufficient number of days within which the defendant might appear, with reference to the distance he may be at from England] days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in our court...
Pagina 37 - Cause or otherwise, then this Obligation to be void, or else to remain in full Force and Virtue.
Pagina 614 - It is the constant aim of Courts of equity to do complete justice, by deciding upon and settling the rights of all persons interested...
Pagina 513 - ... and refuses or neglects to appear thereto within eight days after such service, the plaintiff may, after the expiration of such eight days, and within three weeks from the time of such service, apply to the record and writ clerk to enter an appearance for such defendant ; and, no appearance having been entered, the record and writ clerk is to enter such appearance accordingly, upon being satisfied by affidavit that the subpœna was duly served upon such defendant personally or at his dwelling-house...
Pagina 505 - Office, in Chancery Lane, London; and if you do not cause your appearance to be entered within the time limited by the above writ, the plaintiff will be at liberty to enter an appearance for you at your expense, and you will be subject to an attachment...