Page images
PDF
EPUB

498

Digested Index to the Cases reported.

[ocr errors]
[ocr errors]

4. The Court will not grant a new trial on the absolutely for her separate use, on attaining ground of the verdict, which was found for the | her age of twenty-one. She married and exdefendant, being against evidence, the amount ecuted a settlement of the trust fund while in dispute being less than 5., and the trial still an infant: Held, that upon attaining her having taken place before the undersheriff. age of twenty-one, she took the bequest absoLyddon v. Coombes Page 294 lutely to her separate use, and the trustees 5. A new trial will not be granted on the were decreed to assign the same accordingly. ground of delay by pressure of business of the Johnson v. Johnson Page 195 court, though the statute of limitations thereby 6. A creditor having a mortgage security, deprives the plaintiff of his remedy. Brown v. signed, with other creditors of the mortgagor, Thornton 26 a deed of trust, by which the mortgagor gave his property to trustees for the benefit of his creditors generally. The deed contained words of exception as to mortgages: Held, that the morgage creditor had not released his security. . 306

TRUST AND TRUSTEES.

Lee v. Lockhart

[ocr errors]

USURY.

1. Held, that an annuity of forty guineas

1. A devise of a rent-charge to a Roman Catholic priest and to poor Catholics, is a charitable trust, and may be enforced under the act 2 & 3 W. 4, c. 115; but if the suit to establish the charity was pending at the passing of that act, the disposition of it devolves on the Crown, as before that act. Attorney for forty years certain, for the consideration of 94001, is a violation of the usury laws, it appearing from the evidence of the transaction that a loan, and not a purchase, was contemtemplated, though the annuity deed purported to be a bona fide purchase. Chillingsworth v. Chillingsworth

General v. Todd.

2. Trustees lent a trust fund to the solicitor in the matter of the trusts, on equitable security, at 5 per cent. interest, without explaining the nature of the security to the cestuis que trust: Held, that the trustees should make up the deficiency of the fund arising from the insufficient security, with interest on the whole fund at 4 per cent. only. Hooker v. Platts 209

3. To an information, charging a breach of trust in ambiguous terms, upon one construction of which there would be no breach of trust, a demurrer is allowed for the insufficiency of the allegations.

Semble, it is no misapplication of the surplus of the borough fund mentioned in the 5 & 6 W. 4, c. 76, s 95, to pay therefrom the expenses of defending a quo warranto against an officer of the corporation, or the expenses of petitions for the appointment of charitable trustees. Attorney General v. Norwich Corporation 112 4. One of two trustees transferred the trust fund to the other, by whose default it was lost to the cestui que trust in remainder: Held, that the estate of the solvent trustee after his death, and after it was distributed among his legatees, was liable to supply the deficiency of the trust fund. March v. Russell. 339 5. A bequest was given to trustees during the minority of a female, to be assigned to her

59

2. The 58 G. 3, c. 93, applies only to persons discounting bills or notes, or paying a valuable consideration for them, and will not therefore protect a person who takes in part payment of an existing debt a note tainted with

usury.

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors]

(499)

NAMES OF CASES.

[blocks in formation]

Braham v. Bowes, 25
Branson, in re, 85
Briggs v. Barnard, 28, 133
Brooke ex parte, in re Rice,
129

Brown v. Thornton, 26
Carew v. Winslow, 212
Carr v. Appleyard, 354
Carter's Bail, 229
Chillingsworth v. Chillings-
worth, 59

Clark v. Vestris, 27
Clayton v. Marsham, 263
Collins v. Beaumont, 439
Correll v. Cottle, 45
Crosby v. Innes, 343
Dalton v. Tucker, 359
Denys v. Locock, 355
De Rutzen v. Lloyd, 130
Doe d. Capps v. Capps, 116
d. Donlan v. Roe, 279
d. Fraser v. Roe, 358
d. Fry v. Roe, 27
d. Hunter v. Roe, 343
d. Matther v. Roe, 359
d. Morgan v. Roe, 167

Doe d. Lord Somers, 342

d. Symes v. Roc, 406
d. Williams v. Sinclair,

62
Doncaster v. Cardwell, 117
Dowson v. Bell, 210

Easthope v. Westmacott, 61
Edmunds, ex parte, 469
Edmunds v. Groves, 471
Edwards v. Jones, 166
Egremont, Lord, v. Saul, 228
Evans, in re, 162
Facer v. French, 295
Faron v. White, 358
Field v. Wood, 309

Fisher v. The Thames Junction
Railway Company, 407
Fowell v. Fowell, 225
France v. Clarkson, 439
Frank v. James, 375
Frazer v.
Benett, 195

Gerard v. Hunter. 226
Glamis, exparte Lady, 25

Gompertz, in re, 10

Gordon v. Dalzell, 260
Grainger v. Wilkes, 116
Graves v. Browning, 12, 26
Green v. Marsh, 493
Green v.
Codgen, 133
Grindley v. Thorn, 279
Groves v, Brown, 13
Guest v. Elwes, 373
Hall v. Pierce, 183
Hartland v. Cue, 59
Heap v. Haworth, 58
Hitchcock v. Way, 277
Holland, ex parte, 101
Hooker v. Platts, 209
Hooper v. Vestris, 357
How v. Pickard, 231
Hughes v. Wynne, 308
Hurlock v. Smith, 40
Hutchinson v. Stephens, 258
Iken v. Plevin, 102
Jacobs v. Griffith, 230
Johnson v. Johnson, 195
Jones v. Hows, 30

v. Roberts, 40
v-Turnbull, 86

Kerr v. Cusac, 259
Kerrison v. Wellinborough,311

500

Kidd v. Davis, 311
King v. Gale, 87
Lambert v. Cooper, 278
Lane v. Glenny, 290

Leach v. Thomas, 214
Lee v. Lockhart, 306
Levi v. Price, 407
Lilley v. Johnson, 231
Lindsay v. Wells, 14, 61
Llewellyn's bail, 12
Lovell v. Hicks, 179
Lyddon v. Coombes, 294
Mann v. Lord Audley, 62
March v. Russell, 339
Mayall v. Mitford, 43
Miller's bail, 29

Moss v. Baldock, 340
Mylett v. Hucker, 310
Nelson v. Bridges, 340
Owden v. Campbell, 81
Page v. Jadis, 62

Payne v. The Bristol and Exe-
ter Railway Company, 436
Platt v. Hall, 117
Plummer v. Lee, 454
Pounsett v. Alexander, 290
Powell v. Duncan, 293
Poynder v. Black, 359
Preston v. Whiteheart, 407
Pritchard v. Macgill, 183
Reeder v. Whip, 230
Rex v. Berks Justices, 82

v. Cumberland Justices,
82

v. Earl Dundonald, 86
v. Harris, 372
v. Hewitt, 310

v. Lyme Regis Corpora-

tion, 406

v. Morgan, 405

v. Newton, 210

v Poole Recorder, 211
v. Poor Law Commis-

sioners, 180, 374

v. Rattislaw, 262

Names of Cases.

Rex v. Saint Pancras, 132

v. Saint Albans, 481
Rice, in re, 13
Richards v. Dadley, 452
Rigby v. Heron, 227
Rmington v. Baker, 28
Robinson v. Creswell, 30
v. Taylor, 165

Rowbotham v. Dupree, 212
Ryland v. Wormwald, 135
Scott, in re, 99

Sharpe, ex parte, 358
Shearman v. M'Knight, 292
Simpkin v. Nevers, 278
Smith v. Dixon, 60

--- v. Egginton, 163

and Reeves, in the mat-

ter of the arbitration be.

tween, 197

Spenceby v. Shouls, 45
Spencer v. Newton, 82
Sowter v. Hitchcock, 375
Stacey v. Jeffries, 229
Stanley v. Long, 213
Staples v. Holdsworth, 165
Stone's bail, 437

Story v. Hodgson, 277
Thomas v. Nokes, 341
Thornton v. Stephen, 115
Tidd v. Smith, 213
Tolson v. Jarvis, 129
Topham v. Kidmore, 470
Tyler v. Campbell, 13
Vallance v. Sidwell, 260
Walker v. Cattey, 134
Wallace v. Brockley, 438
Walsh, in re, 114
Warre v. Calvert, 389
Watson v. Dow, 134
Watts v. Fraser, 275
Wells v. Langridge, 198
Williams v. Byrne, 291

v. Calverly, 13
Wyatt v. Howell, 134

GENERAL INDEX TO VOL. XIV.

For the references to the Cases reported in this Volume, vide Digested Index.

Accessory indicted after acquittal of princi- Chancery orders for hearing causes, 19, 32,118

pal, 75

Actions real, limitation of, 7

Acts of last session, summary of, 425

Advancing cause in equity, 107, 377

Affidavits sworn in France, 127

Agents, lien of, 34

parliamentary, 137

Charnock's Digest of pleading Decisions, 19
Children, mother's rights, 268

Church-rate mandamus, 283

Circuits of the Judges, 80, 148

Commissioners of Insolvent
Debtors, 80, 391

Clerks' salaries, 179, 209

Agreement to withdraw opposition to bill in Coke's Life, by Johnson, reviewed, 464

parliament, 93

Appeal for murder, 411

Archbold's Magistrate's Pocket Book, 191
Articled clerks, 156, 305

Manual, second edition, 433
Arrest abolishing, 194, 233, 305, 402
Assignee of underlease, 122

Attendance at the law offices, 64, 104, 168
Attorneys, fees on admission of, 102

and Solicitors' Bill, 136

Act, 217

parliamentary return, 238
taxes on, 4

re-admission, 70, 80
striking off the roll, 239

admission of, 32, 69, 79, 146, 452
law of, 35
charges, 258

admission going abroad, 299
signed bill, 372, 405

on construction of late act, 469

Bail, affidavit to hold to, 421
Bankrupts, see each Supplement

grievances of commissioners of, 154
Bankruptcies superseded, see each Supplement
Bankruptcy Court Meetings, 432

country administration of, 89
Fiat's bill, 192

accountant's office, 324

Barristers' examination, 57

called, 69, 146

Bell's, the late Mr. suggestions on equity re-

form, 313, 368

[blocks in formation]

Common Law Offices Act, 284

fees, 353, 458

Commons proceedings, publication of, 38
Construction of new Statute of Limitation, 51
Conveyancers, account of eminent, 91
Copyright, amendment of law of, 65, 118, 125
Coroners' Expences, 22, 33, 56, 77, 112, 127,
158, 304, 353
Act, 250

Costs of Prosecution Act, 428
Covenants running with land, 97
Coverture, Law of, Bill, 190
County Courts, practising in, 178
Criminal law, 140, 388, 409
Custody of Infants Bill, 23
Death, punishment of, Act, 400
Deeds, proving at the hearing, 18
setting aside, 155

Demurrable points under pleading rules, 49
Descents, remarks on the new act, 188
Divorce, foreign, 122

Elections for members of parliament, 169
Electors, Parliamentary Bill, 75, 190
Equity, notes on, 18, 395

Examiners of articled clerks in Chancery, 5
Examination of article clerks, 5, 16, 39, 47,64,
78, 80, 98, 103, 111, 207, 222, 272,
290, 352

questions at the, 23, 95
Exchange, bills of, 39

Executions, parliamentary returns of, 140
Executor's liability, 220, 366, 434
accounts, 403
Execution, charging in, 224
Fees on attorneys admission, 102

for private seals in Chancery, 386
for keys of Treasury abolished, 118
of House of Commons, 404, 430
on Chancery affidavits, 306

at the Common Law offices, 353
Feme covert, infant, 18

Feudal system, 394

Fiats in Country Bankruptcy Bill, 192
158, Fines and Recoveries Act, 267, 451
Fleet prison, hours of office attendance, 168
Foreign divorce, 122

Central Criminal Court, 190, 428, 353
Champerty and maintenance, 468
Chancery, Masters extraordinary, see each
Supplement

public and private seals, fees for, 386
parliamentary returns. 140
reform in, 281, 329, 346, 361
examiners of articled clerks, 5
affidavits, fees on, 306
Practice, by Sidney Smith, 18

potentates, suing in England, 426
Forgery, punishment Act, 363
France, affidavits sworn in, how used, 127
Franking Letters Act, 251

Greening's Forms of Pleadings reviewed, 219
Hints for addressing juries, &c. 441, 457
Holidays at the Judges' chambers, 149
Horse race, 347

Husband's liability for wife, 349, 369, 405, 452
Imprisonment for debt, 233, 402

[blocks in formation]

Incorporated Law Society, 157, 220, 246, 325, | Police offices, attendance at, 325

422

Indemnity Act, 300

Indicting accessories, 75

Infant feme covert, 18

Infants Custody Bill, 23
Insolvent debtor, 94, 203

Insurance, concealment on effecting, 176
Irving on the Civil Law, reviewed, 334
Jews, disabilities of, 371

Johnson's life of Coke reviewed, 464

Polices of insurance, concealment, 176
Poor removal Act, 429

Law Conveyances Act, 443

Practical points of general interest, passim
Practice at judges' chambers, 128, 275, 339,
386, 421

Privilege of parliament, 38, 362

Producing cases for counsel's opinion, 35
rate books, 332

Profession, prospects of the, 1

Joint stock company's right to apply to par- Property lawyer, passim

liament for further power, 73

Joint stock Company, 123

chambers' practice, 128, 275

Judge, sending money to, 202

Justices, Lords, Bill, 190

Kent's Commercial and Maritime Law, 203

Law reporting, present system of, 17
Outlines of, reviewed, 36

reform, progress of, 105, 153
Mr. Bell's suggestions, 313

association, 206

Lease, assignee of 122

Lectures, on law, 224

Legacy duty, when testator dies abroad, 297

Lewin on Trusts and Trustees, 54
Lien of agents, 34

how parted with, 126

Limitation of Real Actions, 7, 347

construction of new act of, 51
Mandamus for church rate, 283
Marriage, law of by banns, 2

and Registration Act, 170, 448
Martin's Conveyancing, reviewed, 379
Masters extraordinary in Chancery, see each
Supplement

Maugham's Outlines of Law, 36

Merger of terms, 149

Property, restitution of, 3

Proving deeds at the hearing, 18
Punishment of Death Act, 400
Questions at the examination, 23, 95
Railway company, remedy against, 258
Rates, Highway Bill, 75

producing books, 332
Re-admission of attorneys, 70
Recorders' Courts Act, 332
Register of Voters Bill, 76
Reform of Law, progress of, 105
Replevin proceedings, 128

Reporting, law, present system of, 17
Reversionary interest, price of, 427
Reviews, see names of Authors

Revising votes, 393

Revivor of suit for costs, 395
Robbery and Stealing Act, 382

Robinson's Magistrate's Pocket Book, 191
Rouse's Practical Man, reviewed, 177
Copyhold and Court-keeping, 271

Shelly's case, 468

Sheriffs' Fees Act, 299

Sheriffs' Courts Bill, 7, 149

Sittings at Common Law, 14, 120, 160
in Chancery, 32, 47, 119, 295

Exchequer Equity, 64, 150

Members of the profession in parliament 269, Small Debts Courts, 39, 108

298

Miscellanea, end of each Number
Mistakes in Acts Bill, 157

Mortgagee's right to compound interest, 304
Mother's rights as to children, 268
Municipal Corporations Act, 444, 458
Naturalization Acts, expence of, 224, 275
New Books reviewed, see Names of Authors.
list of, see each Supplement
rules and orders of Court, 19, 95, 104,
118

New South Wales, administration of justice
Bill, 190

Oaths abolishing, Lords report on, 418
Offences against the Person's Act, 363

Smith's Chancery Practice, reviewed, 18
Snigge, Serjeant, disputed opinion of, 77
Solicitor, see Attorney

Son's security to father, 378

Standing orders in parliament, 244, 256, 273,
317

Statutes public of last session, list of, 301
focal and personal, 336, 350
private, 370, 387

Stockdale and Hansard's case, 362
Theobald's Poor Law Supplement, 447
Tidd's New Practice, reviewed, 123
Tithes Commutation Act, 268
Trade, restraint of, 106
Trading Companies Bill, 189

Office attendance, 64, 178, 194, 208, 219, 353 Transportation Punishment Act, 398

Offices, building new law, 265, 322

Opposition to bill in parliament, 93

Orders in Chancery, 19

Equity Exchequer, 95

parliament, 244, 256, 273, 317

Parliamentary proceedings, passim

agents, 137

Electors Bill, 75

session, close of, 185

[blocks in formation]
[blocks in formation]
« PreviousContinue »