Forms of Judgments and Orders in the High Court of Justice and Court of Appeal: Having Especial Reference to the Chancery Division, with Practical Notes, Volume 1

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Contents

Baylies
28
CHAPTER V
30
Bayly Exp Re Went
34
CHAPTER VI
38
Gorham
46
CHARGING ORDERS ON FUNDS OR SHARES UNDER 1 2 V
82
Delivery out of documents 1 To a party or purchaser 2 To
86
before one of the examiners of the Court 9 To take evidence de bene
88
CHAPTER IX
101
DISPENSING WITH AND APPOINTING REPRESENTATIVES
107
Perry
108
DISCONTINUANCE AND DISMISSAL
114
1 Proceedings stayed until satisfaction of judgment in another
116
Morris
117
1 Dismissal of action 2 Judgment for deft 3 Dismissal
122
Notice and entry of trialThird party Entering action for trial
129
Smith
136
1 Judgment after trial on circuit upon associates certificate
145
Tyler
152
MOTION FOR JUDGMENT
154
Adjournment
160
ADDING TO JUDGMENT OR ORDER
168
Order of the High Court of Justice in Ireland enrolled
170
Forms of Lodgment Schedules 112 178
178
PAYMENT OF DIVIDENDS AND INTEREST AND TRANSFER SALE
186
FORM of lodgment and payment schedule
197
CARRYING OVER SECURITIES AND CASH
208
COSTS
211
1 Taxation of costs and payment to solr 2 Taxation of costs
218
Ebury L 226 257
226
TAXATION
230
1 Order of course to deliver and tax bill 2 Liberty pending
243
TAXATION AT INSTANCE OF THIRD PARTY
249
REVIEW OF TAXATION
255
SOLICITORS REMUNERATION ACT 266269
266
EVIDENCE
272
Applications and proceedings in chambers Proceedings
273
PROCEEDINGS UNDER JUDGMENT OR ORDER
280
CHAPTER XIX
288
1 Inquiry as to title 2 Order to pay in purchasemoney
298
Discharge of purchaserresale 311313
311
CHAPTER XXI
318
DIRECTING TRIAL OF ISSUES AND QUESTIONS OF Fact
322
SPECIAL DIRECTIONS AS TO TRIAL OF ISSUES AND QUESTIONS
329
JUDGMENTS AND ORDERS AFTER TRIAL OF ISSUES
335
1 Order on motion 2 The likeand on cross motion 3 Order
343
Petition of Right Act 1860
349
REFERENCES BY THE COURT
362
EXECUTION AND CONTEMPT
369
RECOVERY OF MONEY LAND OR OTHER PROPERTY
375
CHAPTER XXIX
436
Beaufort D v Morris
441
1 Order for Sheriff to sell goods seized and pay proceeds into
444
Procedure 450
450
Form of orderUndertaking as to damagesService of order
460
1 Injunction to stay felling ornamental timber and other waste
471
TRESPASS
483
111 MINERAL RIGHTS
495
1 Interim order restraining use of private road 2 Perpetual
505
VI RIGHTS OF COMMON
514
NUISANCE
520
Emery
522
11 POLLUTION OF WATER
528
TRADE MARKS LABELS AND NAMES
534
Patents Designs and Trade Marks Act 1883Infringement
541
Soares
544
INFRINGEMENT OF LETTERS PATENT
547
Infringementright to injunctionCounty Court jurisdiction
553
Particulars of breaches and objections
559
22 Leave to amend specification by way of disclaimer
565
INFRINGEMENT OF COPYRIGHT
571
Infringement of copyrightright to injunction Procedure
579
NOTES
585
Bunny
604
Auckland L v Westm L B
605
ECCLESIASTICAL BENEFICES AND NONCONFORMIST
612
NEGOTIATING SECURITIES
618
Nerinckx 37 58
624
STAYING PROCEEDINGS IN FOREIGN COURTS
625
BREACH OF INJUNCTION
631
1 Order for receiver of real and personal estate 2 When receiver
640
Reference to official or special refereeProceedings under such
654
1 Appointment of receiver by way of equitable execution
666
Possession or attornmentLettingDistraining Expenditure
674
RECEIVER AND MANAGER ABROAD
681
CHAPTER XXXIII
688
tools and cutlery 3 Selling and making secret preparations and using
695
1 Order to stay one of two creditors actions with leave to prove
701
REMOVAL OF CAUSES AND ACTIONS FROM AND TO INFERIOR
707
NOTES 715
715
Becke Re 6 Beav 409 234 248 Benzon Re Forster v Schle
719
Attwood
726
8 Security for costs by deposit 9 The likeby bond with
738
14 Order of House of Lords made an order of the Court
746
SupportInspection Account and compensation Wayleaves
179
660
186
Breach of contract generallyRestraint of tradeIllegality
209
Prohibitionnature of writinferior CourtsWhen granted
241
1 Order for sale of unincumbered estate 2 Leave to
303
738
324

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Common terms and phrases

Popular passages

Page 137 - Whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody...
Page 354 - to a submission, or any person claiming 'through or under him, commences any 'legal proceedings in any court against 'any other party to the submission...
Page 378 - Act, no creditor to whom the debtor is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the debtor in respect of the debt, or shall commence any action or other legal proceedings unless with the leave of the Court and on such terms as the Court may impose.
Page 354 - ... the proceedings, apply to that court to stay the proceedings, and that court or a judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.
Page 203 - Islands, or in any colony, island, plantation or place under the dominion of Her Majesty in foreign parts, before any Judge, Court, Notary Public or person lawfully authorised to administer oaths in such country, colony, island, plantation or place respectively, or before any of Her Majesty's Consuls or Vice-Consuls in any foreign parts out of Her Majesty's dominions...
Page 62 - Any party may, without filing any affidavit, apply to a Judge for an order directing any other party to the action to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question in the action.
Page 85 - If any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, he shall be liable to attachment. He shall also, if a plaintiff, be liable to have his action dismissed for want of prosecution, and, if a defendant, to have his defence, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating may apply to the Court or a Judge for an order to that effect, and an order may be made accordingly.
Page 365 - Court or a judge may refer any question arising in any cause or matter (other than a criminal proceeding by the Crown) for inquiry or report to any official or special referee.
Page 477 - An estate for life without impeachment of waste shall not confer or be deemed to have conferred upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right shall expressly appear by the instrument creating such estate.
Page 36 - A further and better statement of the nature of the claim or defense, or further and better particulars of any matter stated in any pleading, may in any case be ordered, upon such terms, as to costs and otherwise, as may be just.

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