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Pleading and Practice of the High Court of Chancery, Part 185,Volums 1-3
Edmund Robert Daniell
Visualització completa - 1846
action affidavit alleged allowed amend answer appear application assignees attachment Attorney-general authority Bank behalf bill bring brought cause charge circumstances cited claim clerk compel confesso considered contempt copy costs course Court decree defendant demurrer directed discharge discovery effect entered entitled Equity exceptions executed executor fact filed further give given granted ground hearing heir held husband infant injunction interest issued John jurisdiction leave Lord manner matter mortgage motion necessary notice objection observed obtained original paid Paige party payment person plaintiff plea pleading practice prayed prayer principle proceedings proper reason record reference relator relief respect rule seems separate served Smith solicitor Story Eq subpæna sufficient suit taken tion trust unless wife writ
Pàgina 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.
Pàgina 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.
Pàgina 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...
Pàgina 599 - 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.
Pàgina 527 - ... 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.
Pàgina 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...
Pàgina 37 - Cause or otherwise, then this Obligation to be void, or else to remain in full Force and Virtue.
Pàgina 612 - It is the constant aim of Courts of equity to do complete justice, by deciding upon and settling the rights of all persons interested...
Pàgina 511 - ... 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...
Pàgina 503 - 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...