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, Volume 1

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V. & R. Stevens and G. S. Norton, 1846 - Equity

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Contents

WAINEWRIGHT V C November 1833
xcii
together
xcvii
SKINNERS COMPANY L C April
cx
BICKNELL L C June 1801
cxvi
that will destroy the privilege ibid
1
WORCESTER CORPORATION L C
12
MEMORANDABusiness depending when the Court rose for the Long Vacation
14
WATSON PARKER OSWALD AND OTHERS L C July 15 v
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
Service of subpoena out of the jurisdiction in suits not comprehended by the acts
22
Wellesley 4 Myl Cr 544 The reporters notes of that part
28
BROOKS M R December 19 22 1838
31
Usual form of order to amend where demurrer allowed for want of parties
33
JONES V C March 1820
35
Early authorities for the course taken by Lord Cottenham in Tyler v Bell 2
39
quire into expediency of abatement of rent both for the past and future 1 C P Coop
45
Some early cases in which notwithstanding the old rule for dismissing the bill
46
Cases temp Lord Hardwicke in which upon objection at the hearing causes
48
petitions for the delivery and taxation of bills of costs
53
Creditor whose debt is voluntary filing a bill on behalf of himself and all other
63
333
78
BEDFORD DUKE OF v BRITISH MUSEUM L C July 1822
90
CLAYTON SIR WILLIAM BART v THE ATTORNEYGENERAL
96
to an adult child
106
and a half
121
QUEEN IN THE MATTER OF THE AND THE LORD VISCOUNT
143
Case before Sir Thomas Plumer
144
for the investment thereof when the time for payment had arrived but
147
CASES UPON THE QUESTION WHAT INCOME THE TENANT FOR LIFE
152
An executor compelled to account for the excess of payment to tenant for life
154
WALLACE V C Eng November 1843
155
Reduced 3 per Cents
162
Sir John Leach and Sir Thomas Plumer held that the income of the residue
172
Cases in which the property could not be convertedor the parties acquiesced
190
hibit at the hearing 1 C P Coop
191
Sign Manual empowering the Chancellor to make grants of the persons and estates
200
PEARSON HANNAH IN THE MATTER OF A LUNATIC L C
206
DAWSON L C January 1836
207
NEEDHAM L C January 1845
208
shown before the rising of the Courtit is the duty of the defendants soli
223
JOHN LORD PORTARLINGTON AND OTHERS DAMER
229
MALKIN L C July 18 22 Novem
233
LORD MEXBOROUGH L C November 16 1846
246
WIGGINTON PATEMAN V C Eng February 1847
247
and order that defendants should pay the costs of the application After
252
Anon 1 Ves Jun 93 Remarks upon Lord Thurlows suggestion that a bill
280
53
283
BENTINCK L C December 14 1846
288
stated
295
Small amount of the costs of some orders made by the Masters under the Chan
311
JAMES L C January 14 1847
367
WILDMORE AND ANOTHER V C May 1823
369
FARNSIDE V C November 1822
374
HAYTER M R February 1831
375
ROGERS ALFRED AND FRANCES ROGERS INFANTS v CHARLES
380
ATTORNEY GENERAL v NEWBURY CORPORATION M R
383
The Waterloo Bridge COMPANY AND BAYLEY
385
Prior to the statute of Will III Courts of equity had jurisdiction where awards
388
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
decree upon a bill of review
418
CHALIE L C December 1807
419
BAYNARD V C November 1825
422
Filkin the original cause and Filkin v Hill stated from a MS in
428
One of Lord Nottinghams rules
430
Order of the House of Lords 30th May 1720 on hearing the appeal Hill v
434
MEMORANDANumber of bills filed in the years 184346
448
WALKER Three Causes L C April
451
Order for the reduction of fees
454
circumstances 286
463
MAHON v BURCHELL L C December 4 1846
469
The action of account given by the statute for the amendment of the law
472
ABRIDGMENT OF SOME OF THE PRINCIPAL CASES ON THE REJECTION AND
477
It is an order of course to be at liberty to prove vivâ voce at the rehearing
478
FAIRCLOUGH V C November 1824
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
Documentary evidence of admissions of conclusions of law must be put in issue
496
In a suit to raise a charge against a purchaser alleged to have notice of it
498
Lord Plunkett inclined to say that in a case charging fraud where the declarations
506
causes of demurrer should express the cause for which the demurrer
510
That should the evidence from some improper motive have
512
Chichester L C July 29 November 16
517
DONERAILE LADY v LORD DONERAILE House of Lords
519
Question as to an issue or inquiry being directed upon evidence of facts not stated
520
jurisdiction by injunction only where the legal right of property has been
522
That the principal point in issue being a fact and not
526
fessions acknowledgments and declarations although the same be not stated
532
SCARBOROUGH L C April 1737
538
WADE L C June 1742
541
STARLING M R November 1829
551
wife
553
UMBLEBY O KIRK HODGSON AND OTHERS L C July
554
charge orders made by other branches of the Court
555
Objection that there was no allegation in the bill to warrant the production
568
BUCKINGHAMSHIRE DUKE OF v WARD Lords Commissioners
569
HARDY L C July 7 1846
573
PRITCHARD AND OTHERS v JOHN FOULKES JOHN MADDOCK
581
DAWSON SARAH ON BEHALF OF HERSELF AND ALL OTHER SIM
582
CROWDER V C June 1823
595
SANGAR AND OTHERS v GARDINER AND OTHERS Two Causes
610

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Page xxii - 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
Page xxi - 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
Page 372 - 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.
Page 114 - grant such renewed lease; and that in any event the said Lords Commissioners might be restrained, by the order and injunction of the Court, from granting, or contracting, or agreeing to grant, any lease or leases, term or terms for years or other interest in the
Page 584 - accounted for his Grace's bounty in a style princely and commendable, if not legal,—'considering that the publick good is advanced by the encouragement of learning and the polite arts, and being pleased therein, with the attempts of Dr. Young, in consideration thereof, and of the love I bear him,' &c.
Page 372 - Upon interlocutory applications where the Court deems it proper to award costs to either party, the Court may by the order direct payment of a sum in gross in lieu of taxed costs, and direct by and to whom such sum in gross is to be paid.
Page 174 - of the said testator's personal estate, and any of the parties are to be at liberty to apply to this Court as there shall be occasion. In
Page 602 - ideas of the Author relative to the Measures to be adopted to remedy the principal defects existing in the Administration of Justice in the Court of Chancery, the House of Lords, as the Court of last resort in Equity Causes, and the Courts of the Commissioners of Bankrupt.
Page 584 - The Attorney-General, March 14, 1740, as authority for the life of a poet. But biographers do not always find such certain guides as the oaths of the persons, whom they record. Chancellor Hardwicke was to determine, whether two annuities granted by the Duke of Wharton to Young were for legal considerations. One
Page 11 - their executors, administrators, and assigns should and would from time to time, and at all times during the continuance of the term thereby granted, do all such acts and things as should be necessary and proper for enforcing the fulfilment and performance of the covenants and agreements

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