Reports of Cases Decided by the Lord Chancellor and Vice-chancellor: 1826-1830

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A. Strahan, 1830 - 490 páginas
 

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Página 354 - The policy of the law requires that before the party injured by any felonious act can seek civil redress for it, the matter should be heard and disposed of before the proper criminal tribunal, in order that the justice of the country may be first satisfied in respect...
Página 311 - Commissioners are hereby required to ascertain the value thereof, and to admit such person to prove the amount so ascertained, and to receive dividends thereon; or, if such value shall not be so ascertained before the contingency shall have happened, then such person may, after such contingency shall have happened, prove in respect of such debt, and receive dividends with the other creditors, not disturbing any former dividends; provided such person had not, when such debt was contracted, notice...
Página 350 - For it is an established rule to abide by former precedents, where the same points come again in litigation : as well to keep the scale of justice even and steady, and not liable to waver with every new judge's opinion...
Página 342 - Of a nature somewhat similar to the two last is the offence of theft bote, which is where the party robbed not only knows the felon, but also takes his goods again, or other amends upon agreement not to prosecute.
Página 350 - ... was uncertain, and perhaps indifferent, is now become a permanent rule which it is not in the breast of any subsequent judge to alter or vary from, according to his private sentiments : he being sworn to determine, not according to his own private judgment, but according to the known laws and customs of the land ; not delegated to pronounce a new law, but to maintain and expound the old one.
Página 87 - Sect. 4 enacts, that before any such corporation or copartnership, exceeding the number of six persons, in England, shall begin to issue any bills or notes, or borrow, owe, or take up any money on their bills or notes...
Página 118 - ... might have been proved as a debt under " the commission against such bankrupt, shall prove a debt under such " commission, or have any claim entered upon the proceedings under " such commission, "without relinquishing such action or suit, and in " case such bankrupt shall be in prison or custody at the suit of, or " detained by such creditor, he shall not prove or claim as aforesaid, " without giving a sufficient authority, in writing, for the discharge of '* such bankrupt...
Página 310 - That if any Bankrupt shall, before the issuing of the Fiat or the filing of a Petition for Adjudication of Bankruptcy, have contracted any Debt payable upon a Contingency which shall not have happened before the issuing of such...
Página 254 - ... of any proceedings at law or in equity for the determination or recovery of the same to the parties with whom any such litigation in respect thereof shall have taken place ; and such costs and...
Página 258 - That if any bankrupt shall, as trustee, be seised, possessed of, or entitled to, either alone or jointly, any real or personal estate, or any interest secured upon or arising out of the same, or shall have standing in his name as trustee, either alone or jointly, any Government stock, funds or annuities, or any of the stock of any public company, either in England, Scotland or Ireland...

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