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

1 Injunction to stay felling ornamental timber and other waste
c
INTRODUCTION
1
1 Leave to deliver interrogatories after close of pleadings
2
1 Injunction discharged or continued on motion 2 Continuing
4
CHAPTER I
7
interim order 8 The likemandatory injunction at the hearing
9
1 Order for substituted service of writ 2 The likeat each
13
APPEARANCE AND LEAVE TO DEFEND
23
CHAPTER V
30
Nerinckx 37 58
37
CHAPTER VI
38
Gorham
46
Oldham Corp
50
Smith
60
Austin 11 Jur N
62
Allingham
81
CHAPTER VIII
88
EVIDENCE
100
Blundell
104
DISPENSING WITH AND APPOINTING REPRESENTATIVES
107
Perry
108
CHAPTER XI
114
1 Proceedings stayed until satisfaction of judgment in another
116
Morris
117
Rules and ordersRes judicata 122
122
Notice and entry of trialThird partyEntering action for trial
129
Smith
136
1 Judgment after trial on circuit upon associates certificate
145
Townend
148
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
148
175
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 226 237
226
TAXATION
230
340 458
236
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
Applications and proceedings in chambers Proceedings
273
PROCEEDINGS UNDER JUDGMENT OR ORDER
280
27 W R 110
288
1 Inquiry as to title 2 Order to pay in purchasemoney
298
Discharge of purchaserresale 311313
311
1 Order on motion 2 The likeand on cross motion 3 Order
313
CHAPTER XXI
318
DIRECTING TRIAL OF ISSUES AND QUESTIONS OF FACT
322
SECTION II SPECIAL DIRECTIONS AS TO TRIAL OF ISSUES AND QUESTIONS
329
1 Judgment after trial of issues or questions of fact or fact
335
Fisher
341
Rules and ordersServiceCosts 344347
344
CHAPTER XXVI
351
REFERENCES BY THE COURT
362
Altmanv Royal Aquarium Co 465 2 K J 411
365
Committal and prosecution for perjury
411
1 Order to stay dealing with stock cash and dividends 2
418
G W Ry 608
421
Charging orderproceduroEffect of charging order 426429
426
Gatty
429
Anderson Erp Re Tollemache 136
433
CHAPTER XXIX
436
Beaufort D v Morris
441
1 Order for Sheriff to sell goods seized and pay proceeds into
444
NOTES 285287
447
1 Order for writ to issue 2 Writ discharged on deft giving
450
Form of orderUndertaking as to damagesService of order
460
Addlestone Linoleum Co Re 605
466
Aitken
469
Hartwell
475
1
483
111 MINERAL RIGHTS
495
1 Interim order restraining use of private road 2 Perpetual
505
Angerstein
509
Flow of waterEscape of water
512
VII MARKET
518
Emery
522
1 Nuisance from burning bricks restrained 2 Another form
524
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
AngloGreek c Co No 2 Re 340 Artistic Colour Printing Co 703
607
ECCLESIASTICAL BENEFICES AND NONCONFORMIST
612
NEGOTIATING SECURITIES
618
STAYING PROCEEDINGS IN FOREIGN COURTS
625
right to oyster fishery and quieting in possession with perpetual
627
CHAPTER XIX
635
power to contract liabilities 16 Partnership debts 17 Receivers
651
Reference to official or special refereeProceedings under such
654
1 Appointment of receiver by way of equitable execution
666
Possession or attornmentLettingDistrainingExpenditure
674
RECEIVER AND MANAGER ABROAD
681
CHAPTER XXXIII
688
TRANSFER CONSOLIDATION AND REMOVAL
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 5 Beav 409 234 248 Benzon Re Forster v Schle
719
Hartley
722
Attwood
726
Anon 1 W R
728
8 Security for costs by deposit 9 The likeby bond with
738
Adair v
744
14 Order of House of Lords made an order of the Court
746
Rules and orders
Blacklock
SupportInspection Account and compensation Wayleaves
NOTES
NOTES
Prohibitionnature of writinferior CourtsWhen granted
NOTES

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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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