The Practice of the High Court of Chancery, Under the New Orders: With Tables of Costs, Precedents, &c, Volum 1


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Side 68 - ... made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable diligence have been sooner introduced into the bill...
Side 222 - But, as no jury can be summoned to attend this court, the fact is usually directed to be tried at the bar of the court of king's bench, or at the assizes, upon a feigned issue. For (in order to bring it there, and have the point in dispute, and that only, put in issue) an action is brought, wherein the plaintiff by a fiction declares that he laid a wager of 5/.
Side 4 - Where the principles of law, by which the ordinary courts are guided, give no right ; but upon the principles of universal justice the interference of the judicial power is necessary to prevent a wrong, and the positive law is silent.
Side 339 - ... whatsoever ; and therefore we command you, any three or two of you, that you do at certain proper and convenient days and hours, go to and enter upon all the messuages, lands, tenements, and real...
Side 239 - That the deposit upon every petition of appeal or re-hearing be increased to twenty pounds, to be paid to the adverse party when the decree or order appealed from is not varied in any material point, together with the further taxed costs occasioned by the appeal or rehearing, unless the Court shall otherwise order.
Side 258 - All parties accounting before a master shall bring in their respective accounts in the form of debtor and creditor; and any of the other parties who shall not be satisfied with the account so brought in shall be at liberty to examine the accounting party viva voce, or upon interrogatories, as the master shall direct.
Side 125 - That where the answer of a defendant is to be deemed sufficient, whether it be in Term time or in Vacation, if the plaintiff or plaintiffs shall not proceed in the cause, the defendant shall be at liberty, after the expiration of two months, to move, upon notice, that the bill be dismissed with costs for want of prosecution; and the bill shall accordingly be dismissed with costs, unless the plaintiff or plaintiffs shall...
Side 71 - ... the Defendant's costs occasioned by such amendment shall be taxed, and the amount thereof deducted from the costs to be paid by the Defendant to the Plaintiff.
Side 128 - A demurrer is an allegation of a defendant, which, admitting the matters of fact alleged by the bill to be true, shows that as they are- therein set forth they are insufficient for the plaintiff to proceed upon, or to oblige the defendant to answer ; or that, for some reason apparent on the face of the bill, or because of the omission of some matter which ought to be contained therein, or for want of some circumstance which ought to be attendant thereon, the defendant ought not to be compelled to...
Side 227 - Speed be paid into the Bank of England, with the Privity of the Accountant General of the Court of...

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