The Supreme Court of Judicature Act, 1873: With Rules of Procedure Arranged for Notes and Ready Reference, Introductory Epitome, and Complete Index

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W. Amer, 1873 - Civil procedure - 216 pages
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Page 55 - Provided always, that if the debtor, trustee, or other person liable in respect of such debt or chose in action shall have had notice that such assignment is disputed by the assignor or any one claiming under him, or of any other opposing or conflicting claims to such debt or...
Page 53 - ... debt or other legal chose in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be, and be deemed to have been, effectual in law (subject to all equities which would have been entitled to priority over the right of the assignee if this Act had not been passed), to pass and transfer the legal right to such debt or chose in action from the date of...
Page 141 - shall include any action, suit, or other original proceeding between a plaintiff and a defendant, and any criminal proceeding by the Crown. " Suit " shall include action. "Action" shall mean a civil proceeding commenced by writ, or in such other manner as may be prescribed by Rules of Court ; and shall not include a criminal proceeding by the Crown.
Page 45 - Judge there, shall give to every equitable estate, right, or ground of relief so claimed, and to every equitable defence so alleged, such and the same effect, by way of defence against the claim of such plaintiff or petitioner, as the Court of Chancery ought to have given if the same or the like matters had been relied on by way of defence in any suit or proceeding instituted in that Court for the same or the like purpose before the passing of this Act.
Page 47 - Court or any order of the Court, as might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose...
Page 71 - The redemption or foreclosure of mortgages ; The raising of portions, or other charges on land ; The sale and distribution of the proceeds of property subject to any lien or charge ; The execution of trusts, charitable or private ; The rectification, or setting aside, or cancellation of deeds or other written instruments ; The specific performance of contracts between vendors and purchasers of real estates, including contracts for leases ; The partition or sale of real estates ; The wardship of infants...
Page 175 - ... may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision.
Page 19 - Chancellor, the Lord Chief Justice of England, the Master of the Bolls, the Lord Chief Justice of the Common Pleas, the Lord Chief Baron...
Page 165 - Judge shall certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except...
Page 177 - An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from, except so far as the Court appealed from, or any Judge thereof, or the Court of Appeal, may order: and no intermediate Act or proceeding shall be invalidated, except so far as the Court appealed from may direct.

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