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Pleading and Practice of the High Court of Chancery, Volumer 1-3
Edmund Robert Daniell
Uten tilgangsbegrensning - 1846
affidavit alleged allowed amend answer appears application assignees Attorney-general Bank bankrupt bankruptcy Beav behalf bill was filed cause chose in action cited claim consent contempt corporation costs Court of Chancery Court of Equity creditors debt decree defendant demurrer discovery dismissed Earl entitled executor feme feme covert fendant file a bill forma pauperis ground heir held husband Ibid infant injunction insolvent interest issue John jurisdiction liable Lord Chancellor Lord Eldon Lord Red Lord Thurlow lunatic matter ment mortgage motion ne exeat necessary party objection observed obtained original bill overruled Paige payment Perkins's person petition plaintiff plea pleaded practice prayed proceedings prochein amy proper purpose reference relief respect rule security for costs settlement Smith solicitor statute Story Eq subpoena sued suit Sumner's Vesey Thomas Plumer tiff tion trustees wife writ
Side 641 - 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.
Side 318 - 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.
Side 476 - 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...
Side 609 - 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.
Side 537 - ... 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.
Side 499 - 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...
Side 45 - Cause or otherwise, then this Obligation to be void, or else to remain in full Force and Virtue.
Side 622 - It is the constant aim of Courts of equity to do complete justice, by deciding upon and settling the rights of all persons interested...
Side 521 - ... 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...