The Law Journal Reports, Volume 65E.B. Ince, 1896 - Law reports, digests, etc |
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Page 1
SUPREME COURT OF JUDICATURE . CASES ARGUED AND DETERMINED IN The Chancery Division AND DIVISIONAL COURTS COURT AND ON APPEAL THEREFROM TO THE COURT OF APPEAL AND HOUSE OF LORDS . MICHAELMAS 1895 TO MICHAELMAS 1896 . 59 Victoriæ . THE ...
SUPREME COURT OF JUDICATURE . CASES ARGUED AND DETERMINED IN The Chancery Division AND DIVISIONAL COURTS COURT AND ON APPEAL THEREFROM TO THE COURT OF APPEAL AND HOUSE OF LORDS . MICHAELMAS 1895 TO MICHAELMAS 1896 . 59 Victoriæ . THE ...
Page 34
... Court . A. Underhill , in reply . The word " scheme " cannot be taken separately from " legally established , " and in con- junction with those words it cannot in- clude a trust . Even if used in a popular sense the words " scheme ...
... Court . A. Underhill , in reply . The word " scheme " cannot be taken separately from " legally established , " and in con- junction with those words it cannot in- clude a trust . Even if used in a popular sense the words " scheme ...
Page 37
... Court refused on an interlocu- tory application to order the executor of the deceased trustee to bring the sum claimed into Court , although he admitted assets . There is a judicial discretion in such a case as to making an order for ...
... Court refused on an interlocu- tory application to order the executor of the deceased trustee to bring the sum claimed into Court , although he admitted assets . There is a judicial discretion in such a case as to making an order for ...
Page 45
... Court or a Judge at any subsequent time . " Then by Order LVIII . rule 4 , the Court of Appeal has all the powers and duties as to amendment and otherwise of the High Court . We admit that leave will only be given subject to our ...
... Court or a Judge at any subsequent time . " Then by Order LVIII . rule 4 , the Court of Appeal has all the powers and duties as to amendment and otherwise of the High Court . We admit that leave will only be given subject to our ...
Page 46
... Court in this way , this Court would be inundated with similar applications , and would not only have to hear appeals , but would be turned into a Court of first instance , and have to hear a part of each case that was not heard in the ...
... Court in this way , this Court would be inundated with similar applications , and would not only have to hear appeals , but would be turned into a Court of first instance , and have to hear a part of each case that was not heard in the ...
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Common terms and phrases
Act of Parliament action agreement annuity apply appointed assets authorised bankruptcy Barrister-at-Law benefit bill breach of trust cestui que trust Chanc charge charity claim contract conveyance costs Court of Appeal covenant creditors death debentures debt decision deed defendants directors dividend easement entitled equity estate duty executors exercise fact favour held income injunction interest invested judgment KEKEWICH L. J. Ch Law Rep lease legacy legal personal representative liable LINDLEY liquidator LORD HERSCHELL Lord Justice Lordship meaning ment mortgage opinion owner paid pany payable payment personal estate plaintiff present purchase purpose question Railway Company real estate received referred registered residuary residuary estate respect river rule sell Settled Land Act settlement shareholders shares shew solicitor statute Stirling sub-section summons tenant testator's thereof tion trade mark Trilby trustees vendor Vict words Yorkshire Relish
Popular passages
Page 27 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent...
Page 27 - December, 1833, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity...
Page 294 - ... or been guilty of any misfeasance or breach of trust in relation to the company...
Page 37 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative...
Page 220 - ... by the instrument, if any, creating the trust, or if there is no such person or no such person able and willing to act, then the surviving or continuing trustees or trustee for the time being, or the personal representatives of the last surviving or continuing trustee...
Page 89 - ... and money subject to be invested in the purchase of lands, and also to dispose of, release, surrender, or extinguish any estate which she alone, or she and her husband in her right may have...
Page 577 - On a sale of any property, the expenses of the production and inspection of all Acts of Parliament, inclosure awards, records, proceedings of courts, court rolls, deeds, wills, probates, letters of administration, and other documents, not in the vendor's possession, and the expenses of all journeys incidental to such production or inspection, and the expenses of searching for, procuring, making, verifying, and producing all certificates, declarations, evidences and information not in the vendor's...
Page 6 - Cruttwell v. Lye, 17 Ves. 335, 346, where he says : " The good-will which has been the subject of sale is nothing more than the probability that the old customers will resort to the old place.
Page 82 - ... no act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall be submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.
Page 609 - An agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute between employers and workmen shall not be indictable as a conspiracy if such act committed by one person would not be punishable as a crime.