Forms of Judgments and Orders in the High Court of Justice and Court of Appeal: Having Especial Reference to the Chancery Division, with Practical Notes, Volum 1

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Stevens and sons, limited, 1891
 

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Bala Festiniog By Exp 274
lxxix
Baltic Co v Simpson 493
lxxxvii
Cook 98
xci
Banco de Portugal Exp
xciv
Of Judgments and orders generallyThe Jud ActsBusiness assigned
1
1 Leave to deliver interrogatories after close of pleadings
2
1 Injunction discharged or continued on motion 2 Continuing
4
1 Appearance sot aside on ground that address is illusory or ficti
6
CHAPTER I
7
1 Order for transfer of cause or action from one judge to another
8
MOTION
9
Bancroft c Trade Mark Be 12
12
Ampthill The 665
24
CHAPTER IV
26
Scandalous and embarrassing matterProceedings in lieu of
33
Amendment as to Parties
41
Amyot Exp 619
56
Seddon
57
Wright
69
Bk of Turkey v Ottoman Bk 460
79
before one of the examiners of the Court 9 To take evidence de bene
88
Delivery out of documents 1 To a party or purchaser 2 To
89
Knowles 91 491
91
Harris 60
99
Rules and ordersReading evidence taken in another cause
100
Aitken 106 469
106
Dispensing with and appointing Representatives
107
CHAPTER Vm
111
CHAPTER XI
114
1 Proceedings stayed until satisfaction of judgment in another
116
1 Dismissal of action 2 Judgment for deft 3 Dismiasal
122
Attorneys Act 1870
135
Notice and entry of trialThird partyEntering action for trial
144
MOTION FOR JUDGMENT
154
Adjournment
160
Additional accounts and inquiries 2 Order to add direction
168
Order of the High Court of Justice in Ireland enrolled
170
Forms of Lodgment Schedules 112 178179
178
Payment of Dividends and Interest and transfer sale
186
Form of lodgment and payment schodulo
197
Bailey
206
Carrying over Securities and Cash
208
COSTS
211
1 Taxation of costs and payment to solr 2 Taxation of costs
218
Barr 659
223
Jurisdiction and procedure generallyTaxationparty and party
229
Banington Be 27 Beav 272 339
236
1 Order of course to deliver and tax bill 2 Liberty pending
243
Barrow Be 17 Boav 547 247
247
Taxation at Instance of Third Party
249
Review of Taxation
255
Section XLEnforcing Order for Payment of Costs
269
Applications and proceedings in chambers Proceedings
273
Proceedings under Judgment or Order
280
SALES BY THE COURT
288
Barrs t Fowkes 743
289
1 Inquiry as to title 2 Order to pay in purchasemoney
298
Discharge of purchaserresalo 311313
311
1 Ordor on motion 2 The likeand on cross motion 3 Order
313
CHAPTEE XXI
318
Directing Trial of Issues and Questions of Fact
322
Bach v
325
Special Directions as to Trial of Issues and Questions
329
1 Issues alternative as to heirship 2 Issues as to heiratlaw
335
Rules and ordersServiceCosts 344347
344
CHAPTEE XXVI
351
Andrews Re 17 Beav 510 237
360
1 Reference to official or special referee for inquiry and report
362
Execution Generally
369
1 Order under sect 14 of Judicature Act 1884 to execute deed
375
Eecovery of money or costs by writs of fieri facias and elegitEffect
381
ORDERS RESTRAINING CHARGING AND ATTACHING FUNDS
417
Charging Orders on Funds or Shares under 1 2 V
423
Searle 156 158 259
427
Attachment of Debts
430
Newman
440
AngloSwiss Milk Co v Metcalf 542
441
1 Order for Sheriff to soli goods scizod aud pay proceeds into
446
CHAPTER XXXI
452
Breach of Contract
463
1 Injunction to stay felling ornamental timber and other waste
471
Bagot 475 479481482
475
Trespass
483
in mineral rights
495
Bayley Be 18 Beav 415
501
1 Interim order restraining use of private road 2 Perpetual
505
Beaufort D v Morris
508
Buxton Bd
509
VI RIGHTS OF COMMON
514
Phillips
518
Nuisance
520
n pollution of water
528
Hornor
532
Trade Marks Labels and Names
534
Soares
544
Patents Designs and Trade Marks Act 1883Infringement
547
Appleford f Judkins
551
10 Order for trial of issuesparticulars of breaches and objec
556
Attwood
560
21 Order for inspection of process of working
562
1 Judgment for perpetual injunction against infringement
571
Infringement of copyrightright to injunctionProcedure
579
Notes 585
585
Companies Corporations and other Public Bodies
593
Lambeth Vestry
603
Ecclesiastical Benefices and Nonconformist
610
Baillio Be 7
611
Negotiating Securities
616
12
621
Staying Proceedings in Foreign Courts
623
Discharging injunctionperpetual injunction 628630
628
Bolfort
629
CHAPTEE XXXII
635
Appointment of receiverPerson to be appointedSalary
651
Reference to official or special refereeProceedings under such
654
94
665
Notes 667669
667
Account and Payment
677
1 Receiver and manager of estates in India 2 Receiver of pro
683
CHAPTEE XXIX
688
Chancery Division Pages 695697
695
1 Order to stay one of two creditors actions with leave to prove
701
Bemoval of Causes and Actions from and to Inferior
707
Notes 715716
715
Baillies Truste fte 719 730 731
719
Donnolly
725
Birm Small Arms Co
732
Oakey
733
Arnison
736
8 Security for costs by doposit 9 Tho likeby bond with
739
Met Ey Co 524 525
742
TABLE OF EXILES AND ORDERS
749
1 Issue directed 2 Interpleader order in chambers in tho first
753
SupportInspectionAccount and compensationWayleaves
757
Brooking v Labouchere
764
Taxation under 6 7 V c 73 s 37application for taxation
773
Arnold
782
Breach of contract generallyRestraint of tradeIllegality
787
Prohibitionnature of writinferior CourtsWhen granted
821
Hardcastlo
864
Artistic Colour Printing
907

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Populære avsnitt

Side 137 - Whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody...
Side 354 - to a submission, or any person claiming 'through or under him, commences any 'legal proceedings in any court against 'any other party to the submission...
Side 378 - Act, no creditor to whom the debtor is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the debtor in respect of the debt, or shall commence any action or other legal proceedings unless with the leave of the Court and on such terms as the Court may impose.
Side 354 - ... the proceedings, apply to that court to stay the proceedings, and that court or a judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.
Side 203 - Islands, or in any colony, island, plantation or place under the dominion of Her Majesty in foreign parts, before any Judge, Court, Notary Public or person lawfully authorised to administer oaths in such country, colony, island, plantation or place respectively, or before any of Her Majesty's Consuls or Vice-Consuls in any foreign parts out of Her Majesty's dominions...
Side 62 - Any party may, without filing any affidavit, apply to a Judge for an order directing any other party to the action to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question in the action.
Side 85 - If any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, he shall be liable to attachment. He shall also, if a plaintiff, be liable to have his action dismissed for want of prosecution, and, if a defendant, to have his defence, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating may apply to the Court or a Judge for an order to that effect, and an order may be made accordingly.
Side 365 - Court or a judge may refer any question arising in any cause or matter (other than a criminal proceeding by the Crown) for inquiry or report to any official or special referee.
Side 477 - An estate for life without impeachment of waste shall not confer or be deemed to have conferred upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right shall expressly appear by the instrument creating such estate.
Side 36 - A further and better statement of the nature of the claim or defense, or further and better particulars of any matter stated in any pleading, may in any case be ordered, upon such terms, as to costs and otherwise, as may be just.

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