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The Practice of the Court of Chancery for Ontario: With Some ..., Volum 2
Uten tilgangsbegrensning - 1876
action affidavit alleged allowed amend answer appears application appointed assignment Attorney-General Beav behalf bill cause Cham Chancery circumstances claim Company considered copy corporation costs course Court decree defendant demurrer directed discovery dismissed Earl effect entitled Equity evidence examination executor fact filed further give given Grant ground Hare hearing held husband infant instituted interest issue Jones jurisdiction leave Lord married matter mortgage motion necessary notice objection observed obtained original paid party payment person plaintiff pleadings possession practice prayed principle proceed proceedings proper proved provides question reason received record referred refused relator relief Reports representative resident respect rule seems separate served Seton Smith solicitor sufficient suit taken Taylor term trial trust ubi sup unless usual wife witness writ
Side 796 - That, upon all debts or sums certain, payable at a certain time or otherwise, the jury, on the trial of any issue or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor, at a rate not exceeding the current rate of interest, from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Side 221 - 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 822 - December, one thousand eight hundred and thirty-three, no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit but within six years next after the same respectively shall have become due...
Side 779 - December, 1833, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity, or any legacy, but within twenty years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same...
Side 635 - sitting in equity,' as he himself stated. The Court declared the plaintiffs entitled to an equitable mortgage or lien, and referred it to the Master to take an account of what was due to the plaintiffs for principal, interest, and costs ; and the decree proceeded to order, 'By consent of Her Majesty's Attorney-General...
Side 568 - City, Borough or Town Corporate in Great Britain or Ireland, or in any Colony of Her Majesty, or in any foreign country, and certified under the common seal of such City, Borough or Town Corporate, or before a Judge of any Court of...
Side 674 - Court, if it shall think fit, to award damages to the party injured, either in addition to or in substitution for such injunction or specific performance, and such damages may be assessed in such manner as the Court shall direct.
Side 661 - Every person, not being a party in any cause, who has obtained an order, or In whose favor an order shall have been made, shall be enabled to enforce obedience to such order by the same process as if he were a party to the cause...
Side 392 - It is the constant aim of Courts of equity to do complete justice, by deciding upon and settling the rights of all persons interested...