Reports of Cases in Chancery, Decided by Lord Cottenham [1846-1848]: Commencing 7th July, 1846: with which are Interspersed Some Miscellaneous Cases and Dicta, and Various Notes, Volumen1

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nologically arranged
xcv
Lord Chancellors Lord Keepers and Lord Commissioners
cv
WINCHESTER CORPORATION V C
cxvii
ROGERS ALFRED AND FRANCES ROGERS INFANTS v CHARLES
1
PARKER OSWALD AND OTHERS L C July
15
NEWCOMB V C July 1822
21
BENSON AND SMITH 0 THE GLASTONBURY NAVIGATION
22
BURKITT M R July 22 1837
23
amount fixed by the founders will
25
the judgment which relates to the liberty to amend
28
trustee of the road The other mortgagees are necessary parties
31
LEWIS V C January 1818
34
Usual form of order to amend where upon objection at the hearing cause stands
36
Mr Daniells statement that an order made at the hearing for the cause to stand
42
SIMPSON V C January 1824
44
Notice by the decree of exhibits and depositions rejected Remarks
60
SMALL L C January and November 1837
61
Right to begin Cause set down upon objection for want of parties
68
DONERAILE LADY v LORD DONERAILE House of Lords
83
part of it
84
MALKIN L C July 18 22 Novem
95
161
98
control or displace
140
in a Petition of Right unless the AttorneyGeneral will admit them
143
YORKE V C March 1823
147
parentis and such child therefore entitled to interest on legacy from time
152
WALLACE V C Eng November 1843
155
What is not upon proper security must be sold and invested in 3 per Cents
161
Consolidated 3 per Cents
162
Where there was no direction to invest on government or real securities
168
Martin Turn Russ 232 Passage in the answer of the trustees
174
Tenant for life entitled from the death of the testator to income of property
176
Although the property produce no income yet the tenant for life is not to
180
Cases in which the property could not be convertedor the parties acquiesced
190
A witness who has been already examined may nevertheless prove an
191
BOOKLESS WILLIAM ON BEHALF OF HIMSELF AND OTHER CRE
195
Norris V C June 1820
196
Records and Jurisdiction in Lunacy
198
In what case the decree ought to reserve the Equity and not further directions
204
PEARSON HANNAH IN THE MATTER OF A LUNATIC L C
206
Dawson L C January 1836
207
NEEDHAM L C January 1845
208
Case of an outlaw
210
Proceedings for his own advantage which it has been decided that a party
217
Bates 3 M C 201 The dictum cited from MS Cases
220
John Lord PORTARLINGTON AND OTHERS DAMER
229
MEMORANDABusiness depending when the Court rose for the Long Vacation
234
his will
237
The decree in Fife v Clayton post page 351 and 13 Vesey 546 From a
353
HURLOCK V C June 1822
367
BARNETT V C January 1833
369
Finch M R May 1835
371
KENRICK M R December 1832
372
FARNSIDE V C November 1822
374
Dawson SARAH ON BEHALF OF HERSELF AND ALL OTHER SIM
377
ANDREWS V C July 1834
380
NEWBURY CORPORATION M R
383
Remarks upon the concluding passages of the judgment in Brown v Brown
388
regulating the exercise of the jurisdiction of the Court of Chancery will prevent
389
The old doctrine that the jurisdiction of Courts of equity was not barred by
399
Question as to the jurisdiction of the Court of Chancery where fraud or corruption
405
WILLIAMS SUSANNAH L WIFE OF T C WILLIAMS BY
416
Nichols o Chalie L C December 1807
419
Dawson V C April 1822
420
BAYNARD V C November 1825
422
Some early cases in which demurrers having been allowed for want of parties
424
Filkin the original cause and Filkin v Hill stated from a MS in
428
Decisions and Dicta Part II 237448
448
NEEDHAM L C July 31 1846
449
Sittings of the Court
453
circumstances 286
463
Computus in an action of account in the Reign of Eliz from Cokes Entries
479
It is a sound rule of pleading adopted by all Courts of Equity to put out of
483
BINNING V C January 1831
489
Letters and writings of a party may be used as evidence of facts although such
496
varied by directing an issue
498
BALFOUR M R November 1823
501
MacTAGGART V C February 1823
504
Court lays aside all evidence of declarations and admissions not stated in
506
inquiry The cases of Strode v Strode 2 Ca Ch 196 and Stewari v Fergusson Hayes
509
The cases of Bevan v Dike 2 Ch Ca 3 and Balch v Tucker ibid 40 16
521
THE GREAT WESTERN RAILWAY COMPANY
522
rations both written and parol and conversations of the parties are
531
Lord Hardwickes doctrine of the effect of the wifes adultery upon her claim
535
CLAYTON SIR WILLIAM BART v THE ATTORNEYGENERAL
541
Note from Sir Thos Clarkes MSS of Mr Murrays argument as junior counsel in Clark v Periam
549
MAJOR V C December 1818
550
tors the solicitor having taken upon himself the office of trustee under such
555
Case of a supplemental bill to bring forward a fact not only not put in issue
565
Decisions and Dicta Part III 457568
568
BUCKINGHAMSHIRE DUKE OF v WARD Lords Commissioners
569
General Order 13th April 1847
571
Claim of exclusive right to a general word as the title to a work
575
Reasons for the omission of an Index at the end of the present Volume
607
DILLON V C February 1824
608
STAGG William v John OWEN AND WILLIAM HOWARD
610

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Página xxi - Sir, you do not know it to be good or bad till the judge determines it. I have said that you are to state facts fairly ; so that your thinking, or what you call knowing, a cause to be bad, must be from reasoning, must be from your supposing your arguments to be -weak and inconclusive.
Página 275 - Court as the Lord Chancellor with the advice and assistance of the Master of the Rolls, and Vice-Chancellor, or one of them, shall by any general order or orders direct...
Página xcvii - The Lives of all the Lords Chancellors, Lords Keepers, and Lords Commissioners, of the Great Seal of England; from William the Conqueror, to the present time: But more at large of those two great opposites, Edward, Earl of Clarendon, and Bulstrode, Lord Whitlock. With a Parallel of their Actions to which is added, an appendix of many rare and valuable Speeches, Letters, &c., referring to the said Lives.
Página 358 - If a defendant shall, at the hearing of a cause, object that a suit is defective for want of parties, not having by...
Página 368 - ... in the same manner and to the same extent as the executors or administrators in suits concerning personal estate represent the persons beneficially interested in such personal estate; and in such cases it shall not be necessary to make the persons beneficially interested in such...
Página 366 - That 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.
Página 275 - ... to the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal, or Master of the Rolls...
Página 445 - A brief account of some of the most important proceedings in Parliament relative to the defects in the administration of justice in the Court of Chancery, the House of Lords and the Court of Commissioners of Bankrupts.
Página xxii - ... to be weak and inconclusive. But, Sir, that is not enough. An argument which does not convince yourself, may convince the Judge to whom you urge it: and if it does convince him, why, then, Sir, you are wrong, and he is right. It is his business to judge ; and you are not to be confident in your own opinion that a cause is bad, but to say all you can for your client, and then hear the Judge's opinion.
Página 276 - ... may require ; and whenever the seat of any of the twenty-eight lords temporal so elected shall be vacated by decease or forfeiture, the chancellor, the keeper or commissioners of the great seal of the united kingdom for the time being...

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