Forms of Decrees in Equity: And of Orders Connected with Them, with Practical Notes |
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Page vi
... dismissed . " - " It is ordered , that if & c . do not main- tain the bill of complaint & c . on this side Monday next , the bill shall abate , and the defendants be dismissed with their costs . " In Edward the Sixth's books there are ...
... dismissed . " - " It is ordered , that if & c . do not main- tain the bill of complaint & c . on this side Monday next , the bill shall abate , and the defendants be dismissed with their costs . " In Edward the Sixth's books there are ...
Page 8
... dismissed the appeal with 504. costs only , and refused full costs , on the ground of the omission in the decree . Errors in the recital of the evidence may be corrected on a re- hearing . See Combes v . Proud , supra . Catterall v ...
... dismissed the appeal with 504. costs only , and refused full costs , on the ground of the omission in the decree . Errors in the recital of the evidence may be corrected on a re- hearing . See Combes v . Proud , supra . Catterall v ...
Page 17
... dismissed . Lubiere v . Genou , 2 Ves . 579. See Affidavits , post . Examination of Witnesses before the Master . Formerly the decree contained an express direction that the Master should be armed with a commission to examine witnesses ...
... dismissed . Lubiere v . Genou , 2 Ves . 579. See Affidavits , post . Examination of Witnesses before the Master . Formerly the decree contained an express direction that the Master should be armed with a commission to examine witnesses ...
Page 36
... dismissed . Dixon v . Olmius , 1 Ves . jun . 153. The proper course would have been to rectify the decree . Where the decree directs a reference to the Master generally , with liberty to the Master to make a separate report , as to any ...
... dismissed . Dixon v . Olmius , 1 Ves . jun . 153. The proper course would have been to rectify the decree . Where the decree directs a reference to the Master generally , with liberty to the Master to make a separate report , as to any ...
Page 46
... dismissed , except on a rehearing or appeal . Lashley v . Hogg , 11 Ves . 602 . Where it appears , by the Master's report , that the balance is due from the plaintiff , he will be decreed to pay it , although there is no offer in the ...
... dismissed , except on a rehearing or appeal . Lashley v . Hogg , 11 Ves . 602 . Where it appears , by the Master's report , that the balance is due from the plaintiff , he will be decreed to pay it , although there is no offer in the ...
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Common terms and phrases
accounts &c affidavit annuities Anon ante Appendix apply &c appoint Arthur Collier Attorney-General better taking certificate commission commissioners copyhold costs as aforesaid Court doth creditors Davis Decree for Foreclosure Decrees respecting default Dick doth declare doth reserve Earl entitled Equity Draftsman examination Exchequer execution executors fendant Foreclosure found due free &c further directions further ordered Gilb Hand's Pract Harr infant injunction interrogatories John Amos judgment leasehold estate legacies legatees liberty to apply Lord Chancellor Lord Hardwicke Lord Redesdale metes and bounds mortgage mortgaged premises mortgagor Newl ordered and decreed paid parties paying unto plaintiff plaintiff's bill pleadings principal and interest purchase real estate received redemption referred rents and profits reported due reserve the consideration Russ suit supra Swan take an account taxed thereof Thomas Topp trustees unto the plaintiff Usual Directions Vern Viscount Fane writ writ of execution
Popular passages
Page 344 - ... to stand dismissed out of this Court, with costs, to be taxed by the said Taxing Master, and to be paid by the plaintiff to the defendant.
Page 257 - CD, and that you do collect, take, and get into your hands not only the rents and profits of his said real estate, but also all his goods, chattels, and personal...
Page 139 - Defendants are from thenceforth to stand absolutely debarred and foreclosed of and from all right, title, interest, and equity of redemption of, in, and to the said mortgaged premises...
Page 207 - Vendor, there, to give effect to the general rule, would be to enable the Vendor to profit by his own wrong ; and the Court, therefore, gives the Vendor no Interest, but leaves him in Possession of the interim Rents and Profits.
Page 118 - ... or to the hands of any other person by their or either of their order, or for their or either of their use...
Page 265 - And it is ordered that the further consideration of this cause be adjourned, and any of the parties are to be at liberty to apply as they may be. advised.
Page 319 - Batut," and the said accountant general is to declare the trust thereof accordingly, subject to the further order of this court. And it is ordered that the interest and dividends thereof, which shall accrue during the life of the said Mary Ann de la Batut...
Page 17 - The master shall be at liberty to examine any creditor or other person coming in to claim before him, either upon written interrogatories or viva voce, or in both modes, as the nature of the case may appear to him to require. The evidence upon such...
Page 348 - His Lordship doth order, that the parties do proceed to a trial at law, at the next summer assizes to be holden for the county of...
Page 255 - ... and of the rents and profits, or dividends, interest, or other proceeds received by such person, or by any other person by his order or for his use in case he shall have been in possession of the property over which the mortgage...