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A Practical Treatise of the Law of Interpleader: With an Appendix ...
Henry Andrews Simon
No preview available - 2008
action admitted an attorney adverse claim adverse claimant affidavit afterwards allocatur appear application asserted and affirmed assignees as aforesaid bail Bank of England bankrupt barred Bing Bowdler chattels Common Pleas counsel county palatine court of equity Court of Exchequer courts of law cution day of a.d. day of instant defendant's deponent further saith detinue directed Dowl entitled equity Exch Exchequer execution as aforesaid execution cre execution creditor feigned issue fendant fieri facias further enacted honourable court Ikey indemnity Interpleader Act interpleader rule judge at chambers jurisdiction levied maintain or relinquish nature and particulars nunc pro tunc officer paid paid into court pay the costs pipe of wine proceedings proceeds Queen Queen's Bench respect rule nisi rule or order seizure and taking sheriff show cause single judge statute taken in execution thereupon third party tion trover undersheriff Vict vide Westminster William the Fourth writ of fieri
Page 133 - AB in pursuance of the said decree [or, order, as the case may be~\ . And that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf. And in what manner you shall have executed this our writ, make appear to us, in our said Court immediately after the execution thereof.
Page 90 - ... for giving relief against adverse claims made upon persons having no interest in the subject of such claims...
Page 51 - Interest in the Subject Matter of the Suit, but that the Right thereto is claimed or supposed to belong to some Third Party who has sued or is expected to sue for the same, and that such Defendant does not in any Manner collude with such Third Party, but is ready to bring into Court or to pay or dispose of the Subject Matter of the Action in such Manner as the Court (or any Judge thereof) may order or direct...
Page 40 - ... be it therefore further enacted, That when any such claim shall be made to any goods or chattels taken or intended to be taken in execution under any such process, or to the proceeds or value thereof, it shall and may be lawful to and for the Court from which such process issued, upon application of such sheriff or other officer made before or after the return of such process, and as well before as after any action brought...
Page 51 - ... claimed or supposed to belong to some third party who has sued or is expected to sue for the same, and that such defendant does not in any manner collude with such third party, but is ready to bring into court or to pay or dispose of the subjectmatter of the action in such manner as the court (or any judge thereof) may order or direct...
Page 14 - the judgment in any such action or issue as may be directed by the Court or judge, and the decision of the Court or judge in a summary manner, shall be final and conclusive against the parties, and all persons claiming by, from, or under them.
Page 40 - Court, as well the party issuing such process as the party making such claim, and thereupon to exercise, for the adjustment of such claims and the relief and protection of the sheriff or other officer, all or any of the powers and authorities hereinbefore contained, and make such rules and decisions as shall appear to be just, according to the circumstances of the case ; and the costs of all such proceedings shall be in the discretion of the Court.
Page 88 - That when any such claim shall be made to any goods or chattels taken or intended to be taken in execution under any such process, or to the proceeds or value thereof, it shall and may be lawful to and for the Court from which such process issued, upon application of such sheriff or other officer made before or after the return of such process, and as well before as after any action brought against such sheriff or other officer...
Page 89 - That all rules, orders, matters, and decisions to be made and done in pursuance of this act, except only the affidavits to be filed, may, together with the declaration in the cause (if any,) be entered of record, with a note in the margin expressing the true date of such entry...