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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Lord Chancellors Lord Keepers Lord Commissioners of the Great
xcvii
The GOVERNORS OF THE POSSESSIONS
c
ROGERS ALFRED AND FRANCES ROGERS INFANTS v CHARLES
cv
Lord Chancellors Lord Keepers and Lord Commissioners су
cxiii
Lord Chancellors Lord Keepers and Lord Commissioners су
cxvii
that will destroy the privilege ibid
1
Williams EDWARD 0 ANNE JONES V C November 23
3
WORCESTER CORPORATION L C
12
DINGWALL L C July 7 1846
14
PARKER OswalD AND OTHERS L C July
15
Burgesses is the proper description in the case of a city
18
NEWCOMB V C July 1822
21
BENSON AND SMITH V THE GLASTONBURY NAVIGATION
22
Wellesley 4 Myl Cr 544 The reporters notes of that part
28
JOHN LORD PORTARLINGTON AND OTHERS DAMER
31
CLAYTON SIR WILLIAM BART v THE ATTORNEYGENERAL
33
Question as to second amendments after leave given upon a successful demurrer
34
JONES V C March 1820
35
Where the Court has given leave to parties to bring a representative before
41
Some early cases in which demurrers having been allowed for want of parties
47
jurisdiction
53
Notice by the decree of exhibits and depositions rejected Remarks
57
Creditor whose debt is voluntary filing a bill on behalf of himself and all other
63
Lord Lyndhursts statement of the rule
69
MalkiN L C July 18 22 Novem
95
in a Petition of Right unless the AttorneyGeneral will admit them
143
CHICHESTER L C July 29 November 16
147
parentis and such child therefore entitled to interest on legacy from time
152
An executor compelled to account for the excess of payment to tenant for life
154
What is not upon proper security must be sold and invested in 3 per Cents
161
Reduced 3 per Cents
162
Where there was a direction to invest on government or real securities
178
Although the property produce no income yet the tenant for life is not to
180
NORRIS V C June 1820
196
Records and Jurisdiction in Lunacy
198
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
MEMORANDABusiness depending when the Court rose for the Long Vacation
234
his will
237
Too easy a departure from the ordinary meaning leads to uncertainty
241
them go at large on bail
248
committee for the institution of a suit ibid
253
Submission made a rule of Court after award ibid 501
267
Where there was a direction to invest in land
271
in the same trustees
278
application to the Master supported by additional evidence
281
Form of order making submission a rule of the Court of Chancery under
340
Willis HURLOCK V C June 1822
367
RUDGE V C November 1822
369
Finch M R May 1835
371
REYNOLDS DICKSON V C February 1823
373
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 The lastmentioned jurisdiction is unaffected by the statute
388
SANGAR AND OTHERS v GARDINER AND OTHERS Two Causes
395
Question as to performance of an award in pursuance of an order of the Court
400
agreement is that in pursuance of the statute the submission shall be made
408
Form of order for making an award an order of the Court
409
Williams Susannah L WIFE OF T C WILLIAMS BY
416
Nichols o CHALIE L C December 1807
419
Dawson V C April 1822
420
the consequence of some defect in the proceedings 279
423
Order of the House of Lords 30th May 1720 on hearing the appeal Hill v
430
From a MS in the authors possession Lord Macclesfields decree upon the new or as it is called amended bill in
435
Lord Kings decree in Hill v Filkin and Filkin v Hill 8th June 1725 From
441
Decisions and Dicta Part II 237448
448
Needham L C July 31 1846
449
Transfer of causes in the time of Lord Harcourt from the paper of the Master
452
SOMBRE RE L C December 23 1846
465
BURCHELL L C December 4 1846
469
Actions of account against bailiffs of frequent occurrence in the Year Books
472
SCHOLEFIELD John v JOSHUA INGHAM ISAAC HEMSWORTH
479
Tenant for life entitled from the death of the testator to income of property
480
Upon petition of rehearing decree corrected so as not to leave it open to
486
BINNING V C January 1831
489
Evidence of conversations with the defendant acknowledging that he had defrauded
493
varied by directing an issue
498
BALFOUR M R November 1823
501
Court lays aside all evidence of declarations and admissions not stated in
506
This conclusion has its exceptions
512
Tenant for life entitled from the death of the testator to the income of funds
515
The cases of Bevan v Dike 2 Ch Ca 3 and Balch v Tucker ibid 40
521
THE GREAT WESTERN RAILWAY COMPANY
522
WADE L C June 1742
541
WARD JOSEPH AND WILLIAM TURNER WARD AND MAR
555
217
560
Decisions and Dicta Part III 457568
568
BUCKINGHAMSHIRE DUKE OF v WARD Lords Commissioners
569
relates only to the place of defendants residence
575
MAUDSLEY 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

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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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