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la bondad de la causa que defendemos, que la superioridad de nuestro entendimiento. El zelo en la defensa de los litigantes, nunca sea capaz de hacernos esclavos de sus pasiones, ni seamos los ministros de sus resentimientos, y los organos de su secreta malignidad. Neguemonos á nosotros mismos el inhumano placer de una declamacion injuriosa. Antes que servirnos de las armas de la mentira, y de la calumnia, sea tanta nuestra delicadeza, y miramiento, que suprimamos hasta las verdades, quando no hacen mas que exâsperar al adversario, y no son útiles á las partes que defendemos."

12, NEW SQUARE, LINCOLN'S INN,

EASTER VACATION, 1848.

ALPHABETICAL TABLE

OF

DECISIONS AND DICTA.

REPORTED IN PART I. VOL. II.

PAGE

ALLEN V. CURRIE.-(V. C. March, 1823.)

Costs of inquiries asked for by purchaser in suit for specific performance.

223

AMOY, RE.-(L. C. December, 1807.)

The allowance of the costs of the next of kin in attending the passing the accounts of the committee of the estate, [of a lunatic,] has been found to be good policy

ARNOLD v. ARNOLD.-(L. C. April 30, and May 8, 1847.)

It must be considered in future that the expressions "the last answer," in Order 16, Article 33, and "the answer, or the last of several answers," in Order 66, of the General Orders of May, 1845, mean the last answer required by the bill; and that an order of course to amend, obtained before the expiration of four weeks from the time when the last answer required by the bill is to be deemed sufficient, is not an irregular order, although obtained after the expiration of four weeks from the time when the last answer filed was deemed sufficient

ASTLEY, RE. (L. C. November, 1831.)

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The jurisdiction exercised by the Court of Chancery, where, from the small amount of property, no commission of lunacy has been taken out, to direct an inquiry touching soundness of mind, and to make orders relative to maintenance and support, is confined to cases of persons who are parties, or quasi parties, to suits-the funds dealt with standing to the credit of such suits

ATTORNEY-GENERAL v. Joliffe.-(V. C. November, 1822.)

105

128

207

Misapplication of charity funds

BEDELL, RE. (L. C. July, 1809.)

A stranger may petition, [for a Commission of lunacy,] but the next natural relation, if he desires it, and no objection exists, ought nevertheless to have the carriage of the commission

229

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163

PAGE

BELL v. HULL AND SELBY RAILWAY COMPANY.-(V. C. Decem-
ber, 1839.)

In cases where the act sought to be restrained would, if done, produce to

the plaintiff irremediable mischief, a defendant not served with subpoena

cannot, by appearing gratis, prevent the plaintiff from moving ex parte upon

certificate of bill filed and affidavit

BICKFORD V. SKEWES.-(V. C. December, 1838.)

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An order [in a patent case] that the plaintiff shall undertake, in case it
shall turn out that he is wrong, to compensate the defendant for the injury
in stopping his manufactory, is not usual

BIRD V. LEFEVRE.-(Lords Commissioners Eyre, Ashurst, and Wil-
son, November, 1792.)

Upon the petition of one of several plaintiffs, entitled to stock and cash

in court, stating that he was afflicted with a paralytic disorder, which rendered

him incapable of conducting his affairs, order that the cash should be laid out

in the purchase of stock, and that the dividends of such stock, and of the

said other stock, should be paid to his wife for his support and maintenance

BOHUN v. DELESSERT.-(L. C. February, 1813.)

Where successive decisions are inconsistent with any General Order, a
reversal of that Order must be presumed

59

Successive decisions need no General Order to constitute the practice

21

BOVILL V. MOORE.-(L. C. December, 1815.)

Order [in a patent case] that the plaintiff's witnesses should be permitted,
before the trial of the action, to inspect the defendant's machine, and to see
it work

56

BRAITHWAITE, RE.- (L. C. July, 1826.)

In its nature a lunacy inquisition is an ex parte proceeding, and where no
caveat has been entered on his behalf, notice to the supposed lunatic is not in
strictness necessary

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164

to a certain plan and section thereof, deposited with the parish clerk, and
containing no further notice of the plan and section-held that the defend-
ants were not bound in consequence of the recital aforesaid,-without more
-to construct the railway according to such plan and section

BROOKE v. CHITTY.-(L. C. March, 1831.)

[Literary piracy.] Author undertaking not to write, or edit, any work
on a similar subject. Advertisement

BROWNE, RE, a Bankrupt.-(V. C. February, 1823.)

Bankrupt's petition as to surplus, and the accounts of his assignees

108

216

224

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CLEMENTS, RE.—(L. C. July, 1831.)

Where there is a commission of lunacy, none but the alleged lunatic, or
persons acting on his behalf, can take part in the inquiry without the special
permission of the Lord Chancellor

COCHRANE v. SMETHURST.-(L. C. February, 1816.)

The rule of the Court is that an injunction shall not be granted, unless the
Court entertains no doubt respecting the validity of the patent

COLLETT v. HUBBARD.-(L. C. September 22, 1846.)

Consignee of a cargo cannot, as against the consignor, set up a title to it
in a third party.

It is a general rule of law that one partner may, without the consent of
his co-partner, institute legal proceedings against a debtor to the firm.

The usual course is to impound a fund, the right to which depends upon
an unsettled account

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166

57

94

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