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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V. & R. Stevens and G. S. Norton, 1847

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LUBBOCK Morden College L C April
lxxxv
move until the contempt is cleared
lxxxvii
90
xc
5053
xci
Lonsdale 4 M C 545
xcii
List of Miscellaneous Cases and Passages in the Year Books and Abridg
xcv
together
xcvii
Lord Chancellors Lord Keepers and Lord Commissioners
cv
SKINNERS COMPANY L C April
cx
Masters of the Rolls
cxiii
BICKNELL L C June 1801
cxvi
that will destroy the privilege ibid
1
appeal
4
WORCESTER CORPORATION L C
12
KIRK HODGSON AND OTHERS L C July
14
PARKER OSWALD AND OTHERS L C July
15
of forcing a recommencement of the litigation and a repetition of the expense
16
Burgesses is the proper description in the case of a city
18
NEWCOMB V C July 1822
21
Service of subpoena out of the jurisdiction in suits not comprehended by the acts
22
SNOW V C January 1818
27
Wellesley 4 Myl Cr 544 The reporters notes of that part
28
WILMOT V C K B November 1841
29
JONES V C March 1820
35
CARTER L C February 10 1847
41
Some early cases in which demurrers having been allowed for want of parties
47
petitions for the delivery and taxation of bills of costs
53
SMALL L C January and November 1837
61
Right to begin on appeal to Lord Chancellor
68
tates by perils of the sea or other accidents Looking at the class of persons
75
541
78
CLAYTON SIR WILLIAM BART v THE ATTORNEYGENERAL
112
and a half
121
GRIFFITH V C May 4 1837
140
in a Petition of Right unless the AttorneyGeneral will admit them
143
An executor compelled to account for the excess of payment to tenant for life
154
WALLACE V C Eng November 1843
155
DUKE L C June 1817
158
Cases in which it is uncertain whether there was a direction to invest on govern
161
Reduced 3 per Cents
162
Sir John Leach and Sir Thomas Plumer held that the income of the residue
172
and trustees
175
Question as to the title of tenant for life to interest from the death of the testator
179
47
190
NORRIS V C June 1820
196
Records and Jurisdiction in Lunacy
198
Olmius 1 Ves Jun 153 No such point as Mr Daniell supposes
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
130
219
JOHN LORD PORTARLINGTON AND OTHERS DAMER
229
and order that defendants should pay the costs of the application After
232
ATTORNEYGENERAL MALKIN L C July 18 22 Novem
233
MEMORANDABusiness depending when the Court rose for the Long Vacation
234
WIGGINTON PATEMAN V C Eng February 1847
247
NEWTOWN EGREMONT V C December 1831
249
134
268
TAYLOR THOMAS L C January 11 1847
277
Anon 1 Ves Jun 93 Remarks upon Lord Thurlows suggestion that a bill
280
550
360
Question whether after the trial of an issue or an action there can be no appeal
364
JAMES L C January 14 1847
367
WILDMORE AND ANOTHER V C May 1823
369
LYDE CRAWFORD M R May 1835
370
FINCH M R May 1835
371
parties should be made immediately on the demurrer for want of parties
373
NEWBURY CORPORATION M R
374
HAYTER M R February 1831
375
SOUTTEN M R March 17 1838
376
WALKER RE L C July 1846
379
ANDREWS V C July 1834
380
SEYMOUR L C January 1837
381
SANDERSON WALKER Three Causes L C April
383
GIBBONS THE WATERLOO BRIDGE COMPANY AND BAYLEY
385
Prior to the statute of Will III Courts of equity had jurisdiction where awards
388
Since the statute of William III Courts of equity have jurisdiction where awards
390
SANGAR AND OTHERS v GARDINER AND OTHERS
395
Cases before Lord Eldon Lord Eldon determines that the statute prohibits
399
Question as to the jurisdiction of the Court of Chancery where fraud or corruption
405
suit
413
Form of order making submission a rule of the Court of Chancery under
415
VINING CARY AND OTHERS
416
Facts stated by the new or as it is called amended bill in Hill v Filkin
419
Turner 3 Russ 494 The dictum cited from MS Cases
421
BAYNARD V C November 1825
422
Filkin the original cause and Filkin v Hill stated from a MS in
428
Order of the House of Lords 30th May 1720 on hearing the appeal Hill v
434
Lord Macclesfields decree upon the new or as it is called amended bill
436
The Chancellor was not the only judge who formerly received money from persons
443
Decisions and Dicta Part II 237448
448
NEEDHAM L C July 31 1846
450
Transfer of causes in the time of Lord Harcourt from the paper of the Master
452
make parties to the suit persons who have no interest in the subject of
457
wife and children
472
ABRIDGMENT OF SOME OF THE PRINCIPAL CASES ON THE REJECTION AND
477
of parties at the hearing
478
SCHOLEFIELD JOHN v JOSHUA INGHAM ISAAC HEMSWORTH
479
It is a sound rule of pleading adopted by all Courts of Equity to put out of
483
Declarations of a party not of facts but of conclusions of law cannot be used
489
CHURTON V C November 1824
496
In a suit to raise a charge against a purchaser alleged to have notice of it
498
Court lays aside all evidence of declarations and admissions not stated in
506
The cases of Strode v Strode 2 Ca Ch 196 and Stewart v Fergusson Hayes
510
WARWICK V C Eng December 1846
516
DONERAILE LADY v LORD DONERAILE House of Lords
519
THE GREAT WESTERN RAILWAY COMPANY
522
ROBINSON Cox L C July 1741
540
WADE L C June 1742
541
STARLING M R November 1829
551
It must not be assumed that an inquiry before the Master is the course
554
WARD JOSEPH AND WILLIAM TURNER WARD AND MAR
555
Decisions and Dicta Part III 457568
568
BUCKINGHAMSHire Duke of v WARD Lords Commissioners
569
489
572
relates only to the place of defendants residence
575
DAWSON SARAH ON BEHALF OF HERSELF AND ALL OTHER SIM
582
MAUDSLEY U MANCHESTER CANAL COMPANY V C February
595
Reasons for the omission of an Index at the end of the present Volume
607
STAGG WILLIAM v JOHN OWEN AND WILLIAM HOWARD
608
Alphabetical table of Decisions and Dicta in the present volume
610

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Página xix - 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 273 - 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 xcv - 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 356 - If a defendant shall, at the hearing of a cause, object that a suit is defective for want of parties, not having by...
Página 366 - ... 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 364 - 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 273 - ... to the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal, or Master of the Rolls...
Página 443 - 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 xx - ... 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 274 - ... 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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