Reports of Some Cases Adjudged in the Courts of the Lord Chancellor, Master of the Rolls, and Vice-chancellor: In the Years 1837-1838. With Notes and an Appendix

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S. Sweet, 1841 - Equity - 676 pages
 

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Page 205 - ... allow interest to the creditor, at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall...
Page 326 - Lancaster, or being the property of any ecclesiastical or lay person or body corporate, when such way or other matter as herein last before mentioned shall have been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years...
Page 379 - Gibbs ; and it was ordered that such sum of 1,404/. 2s., when so paid into the Bank, should be laid out in the purchase of Bank 3 per cent. Annuities, in the name and with the privity of the said Accountant-General, in trust in the said cause, and he was to declare the trust thereof accordingly, subject to the further order of the said Court, and for the purposes aforesaid the said AccountantGeneral was to...
Page 633 - ... which is a writ of a most remedial nature, and seems to have been invented lest in any case there should be an oppressive defect of justice, where a party who hath a good defense is too late to make it in the ordinary forms of law.
Page 397 - ... mentioned, unless such order be obtained within six weeks after the answer, if there be only one defendant, or after the last of the answers, if there be two or more defendants, is to be deemed sufficient.
Page 437 - The service of a subpoena shall be effected by delivering a copy of the writ, and of the indorsement thereon, and at the same time producing the original writ.
Page 402 - ... judge of the court, upon motion or petition, after due notice to the other party, and upon proof by affidavit, that the same is not made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable...
Page 402 - ... made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable diligence have been sooner introduced into the bill...
Page 269 - Philadelphia, be, and shall be, for ever hereafter, persons able and capable in law, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended...
Page 326 - ... claim may be defeated in any other way by which the same is now liable to be defeated...

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