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

Great Britain. Court of Chancery, Charles Purton Cooper

V. & R. Stevens and G. S. Norton, 1847

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Pages sélectionnées

Page de titre

Table des matières

FISHMONGERS	lxix

39	lxx

his will ibid 208	lxxv

241	lxxix

Bates 3 M C 201	lxxx

48	lxxxiv

LUBBOCK Morden College L C April	lxxxv

WILLIAMS EDWard v Anne JONES V C November 23	lxxxvi

207	353

trustees that they were committing a breach of trust ground for restricting	363

HURLOCK V C June 1822	367

BARNETT V C January 1833	369

LYDE CRAWFORD M R May 1835	370

parties to a foreclosure suit	371

parties should be made immediately on the demurrer for want of parties	373

the wife if she was deadand there being no childyet such persons need	375

5053	xci

Lonsdale 4 M C 545	xcii

List of Miscellaneous Cases and Passages in the Year Books and Abridg	xcv

tates by perils of the sea or other accidents Looking at the class of persons	ci

Lord Chancellors Lord Keepers and Lord Commissioners	cv

Masters of the Rolls	cxiii

DASHWOOD V C June 1825	9

MEMORANDA Business depending when the Court rose for the Long Vacation	14

WATSON PARKER OSWALD AND OTHERS L C July	15

of forcing a recommencement of the litigation and a repetition of the expense	16

NEWCOMB V C July 1822	21

Service of subpoena out of the jurisdiction in suits not comprehended by the acts	22

SNOW V C January 1818	27

Wellesley 4 Myl Cr 544 The reporters notes of that part	28

KIRKBY U BARTON V C June 1820	31

CLAYTON SIR WILLIAM BART v THE ATTORNEYGENERAL	33

CARTER L C February 10 1847	41

Some early cases in which demurrers having been allowed for want of parties	47

petitions for the delivery and taxation of bills of costs	53

SMALL L C January and November 1837	61

HARTLEY L C January 1845	66

Right to begin on appeal to Lord Chancellor	68

BEDFORD DUKE OF v BRITISH MUSEUM L C July 1822	90

tained after the time mentioned in the subpoena to show cause although	110

CHICHESTER L C July 29 November 16	147

An executor compelled to account for the excess of payment to tenant for life	154

WALLACE V C Eng November 1843	155

Cases in which it is uncertain whether there was a direction to invest on govern	161

Usher of the Court and Masters in Ordinary laid out the Suitors moneys in their	164

Sir John Leach and Sir Thomas Plumer held that the income of the residue	172

and trustees	175

Question as to the title of tenant for life to interest from the death of the testator	179

47	190

NORRIS V C June 1820	196

Records and Jurisdiction in Lunacy	198

In what case the decree ought to reserve the Equity and not further directions	204

PEARSON HANNAH IN THE MATTER OF A LUNATIC L C	206

Case of an outlaw	210

JOHN LORD PORTARLINGTON AND OTHERS DAMER	229

MALKIN L C July 18 22 Novem	233

for want of parties	234

LORD MEXBOROUGH L C November 16 1846	246

WIGGINTON PATEMAN V C Eng February 1847	247

corporate capacity	277

Anon 1 Ves Jun 93 Remarks upon Lord Thurlows suggestion that a bill	280

BENTINCK L C December 14 1846	288

Sale of railway scrip certificates	295

Small amount of the costs of some orders made by the Masters under the Chan	311

BOWDLER V C June 1840	333

HAYMAN V C November 1821	336

Remarks on the jurisdiction exercised by the Masters under that	340

BENSON AND SMITH V THE GLASTONBURY NAVIGATION	350

Proper course for purchaser at sale before the Master where there	379

ROGERS ALFRED AND FRANCES ROGERS INFANTS v CHARLES	380

off incumbrances	381

ibid	383

THE WATERLOO BRIDGE COMPANY AND BAYLEY	385

Prior to the statute of Will III Courts of equity had jurisdiction where awards	388

at common law that species of wrong would ensue which the principles	389

Cases before Lord Eldon Lord Eldon determines that the statute prohibits	399

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

Facts stated by the new or as it is called amended bill in Hill v Filkin	419

BAYNARD V C November 1825	422

Question upon the old practice respecting the amendment of bills where a suit	423

Lord Macclesfields decree in Hill v Filkin original cause and Filkin v Hill	430

Lord Macclesfields decree upon the new or as it is called amended bill	436

One of Lord Nottinghams rules	443

Decisions and Dicta Part II 237448	448

Matters disposed of in the Court between November 1845 and November 1846	449

WALKER Three Causes L C April	451

Usual annual order of the Master of the Rolls appointing examiners for	455

had since it was presented been placed in contempt overruled under	463

MAHON v BURCHELL L C December 4 1846	469

Actions of account against bailiffs of frequent occurrence in the Year Books	472

ABRIDGMENT OF SOME OF THE PRINCIPAL CASES ON THE REJECTION AND	477

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

CHURTON V C November 1824	496

In a suit to raise a charge against a purchaser alleged to have notice of it	498

DILLON V C February 1824	504

Court lays aside all evidence of declarations and admissions not stated in	506

The cases of Strode v Strode 2 Ca Ch 196 and Stewart v Fergusson Hayes	510

A corporation cannot hold land by copy of courtroll	516

DONERAILE LADY v LORD DONERAILE House of Lords	519

That the principal point in issue being a fact and not	526

missions acknowledgments and declarations and of conversations the same	532

35	535

Memorandum in Mr Coxes note book upon the occasion of the death of Lord	539

WADE L C June 1742	541

STARLING M R November 1829	551

KIRK HODGSON AND OTHERS L C July	554

CRADDOCK V C June 2 1838	555

Examination of the case of Jones v Jones 3 Atk 110 217	565

Decisions and Dicta Part III 457568	568

BUCKINGHAMSHIre Duke of v WARD Lords Commissioners	569

General Order 13th April 1847	571

Appendix	575

DAWSON SARAH ON BEHALF OF HERSELF AND ALL OTHER SIM	582

MAUDSLEY U MANCHESTER CANAL COMPANY V C February	595

a cause to carry into effect an indenture for the benefit of the clients credi	596

Reasons for the omission of an Index at the end of the present Volume	607

SANGAR AND OTHERS v GARDINER AND OTHERS Two Causes	610

Autres éditions - Tout afficher

Reports of Cases in Chancery, Decided by Lord Cottenham [1846-1848 ..., Volume 1
Great Britain. Court of Chancery,Charles Purton Cooper
Affichage du livre entier - 1846

Reports of Cases in Chancery, Decided by Lord Cottenham [1846-1848 ..., Volume 2
Charles Purton Cooper,Great Britain Court of Chancery
Aucun aperçu disponible - 2015

Expressions et termes fréquents

Act of Parliament affidavit aforesaid agreement alleged allotment allowed almanac Annuities answer Anthony Hart appeal application ATTORNEY award bill C. P. Coop cause Cent Clayton Commissioners Company contempt costs counsel Court of Chancery court of equity covenant debt declared decree deed defendant's demurrer directed dismissed Duchy entitled evidence executors filed Filkin funds granted ground heard hearing ibid injunction interest invested judgment jurisdiction lands leases leave to amend legacies liberty to amend Lord Chancellor Lord Cottenham LORD EGLIN Lord Eldon Lord Lyndhurst Lord Macclesfield Lord Thurlow M'Mahon Master ment mortgage motion objection paid payment personal estate petition plaintiff premises proceedings provisional committee purchase put in issue question reference renewal rent residue Rolls rule Russ sold solicitor statute suit tenant testator testator's death testatrix thereof Thomas Plumer tion trustees TURNER Vice-Chancellor want of parties William William Clayton

Fréquemment cités

Page xxi - 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.

Cité dans 123 livres de 1791 à 2007

Page 275 - 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...

Cité dans 73 livres de 1822 à 1977

Page xcvii - 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.

Cité dans 40 livres de 1775 à 2000

Page 358 - If a defendant shall, at the hearing of a cause, object that a suit is defective for want of parties, not having by...

Cité dans 68 livres de 1841 à 1994

Page 368 - ... 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...

Cité dans 106 livres de 1830 à 1977

Page 366 - 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.

Cité dans 59 livres de 1841 à 1994

Page 275 - ... to the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal, or Master of the Rolls...

Cité dans 177 livres de 1812 à 2000

Page 445 - 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.

Cité dans 61 livres de 1828 à 2003

Page xxii - ... 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.

Cité dans 170 livres de 1807 à 2007

Page 276 - ... 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...

Cité dans 105 livres de 1806 à 1972

Informations bibliographiques

QR code for Reports of Cases in Chancery, Decided by Lord Cottenham [1846-1848]

Titre	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 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, Great Britain. Court of Chancery
Auteurs	Great Britain. Court of Chancery, Charles Purton Cooper
Édition	réimprimée
Éditeur	V. & R. Stevens and G. S. Norton, 1847
Original provenant de	Université d'Oxford
Numérisé	29 sept. 2006

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