Reports of cases argued and determined in the King's bench and Chancery, during the time in which Lord Hardwicke presided in those courts: 1733-1745 Collected from a manuscript never before printed ... To which are added, notes, references, and tables
Great Britain. Court of King's Bench, Philip Yorke Hardwicke (Earl of), Great Britain. Court of Chancery
Printed for H. Watts, 1794 - Equity - 345 pages
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act of parliament action administration affidavit amend answer appears arrest assets assignment Attorney bankrupt Barnard benesit bill bind bond breach brought canons Carte cause charge Chief Justice cited clause codicil common law convocation court of equity covenant creditors crown custom debtor declaration deeds demurrer desendant determined devised discharge donatio mortis causa dower ecclesiastical court ejectment equity execution executor fame Gage give given granted heir at law injunction insisted intitled judge judgment jurisdiction King King's Bench lands leafe legatee liable lise Lord Chancellor Lord Hardwicke mandamus matter ment mortgage motion opinion party payment personal estate plaintiff plaintiff in error plea pleaded present cafe privilege proceeding purchafe question quo warranto reafon real estate residue rule Salk sentence serjeant shew simple contract sirst specisic spiritual court statute Stra Suppose taken term thing tion trial trust usury verdict words writ of error
Page 107 - ... to the privilege of parliament of Great Britain; and no such action, suit, or any other process or proceeding thereupon, shall at any time be impeached, stayed, or delayed, by or under colour or pretence of any privilege of parliament.
Page 279 - ... if the infant lies by for six years after he comes of age, as he is barred of his action of account at law, so shall he be of his remedy in this Court ; and there is no sort of difference in reason between the two cases.
Page 316 - ... in favor of the devisee, notwithstanding the testator had left a mortgage on the estate devised. The Chancellor said, that in equity, the land is only regarded as security for the money ; and that the election of the holder of the bond and mortgage, as to the course he will take to get his money, will not determine which fund ought properly to be charged, nor vary the right as to those funds. In the case before us, there was no mortgage: the debts are general bond debts, or simple contract debts...
Page 107 - ... for forty days after every prorogation, and forty days before the next appointed meeting : which is now in effect as long as the parliament subsists, it seldom being prorogued for more than fourscore days at a time.
Page 264 - But though a foreign sentence cannot be used by way of plea in the courts here, yet it may be taken advantage of in the way of evidence.
Page 303 - ... bonds with the perfonal eftate; and now the legatees brought a bill to come againft the real eftate in the place of the bond creditors, and be paid out of the land. The Court feemed to admit, that if the lands had defcended, the legatees might have been relieved in this manner-, but...
Page 104 - ... of the high court of parliament ; for it is fo high and mighty in its nature, that it may make law ; and that which is law, it may make no law : and the determination and knowledge of that privilege belongs to the lords of parliament, and not to...
Page 71 - But in the cafe of a difcontinuance no judgment at all is given, but both parties are cut of court, and no cofts at all can be given in the common cafe of difcontinuance. Indeed when a difcontinuance is with leave of the Court, we always do it upon payment of cofts, but the party has his...
Page 175 - Davits is therefore to be laid out of the cafe ; and in refpecl to the other plaintiffs, they have nothing to do to come here for an account of this particular part of the perfonal eftate. They have a right to call the general adminiftrator to an account ; but no perfon entitled to a...