Searching Case Law

JURISDICTION — Statutory jurisdiction — Local and Personal Act prior to Lands Clauses Act, 1845 — Court of Exchequer — Transfer and Payment out of Court of Chancery — Costs.

1 Statute considered

Rhodes v Barret, Ex parte Singleton

30 May 1871 LR 12 Eq 479, Equity

ADMINISTRATION — Two Creditors' Suits — Conduct of Cause.

SIR JAMES BACON, V.C.:— I think this case comes clearly within the practice which has been established in this Court in such cases. It has always been the object of the Court to give no encouragement whatever to mere dexterity of practice, to mere ingenuity, which, I think, has been resorted to in this case. The facts are very plain. On the 23rd of December, 1870, the summons was taken out by Mr. Singleton. It was returnable on the 11th of January, and ought then to have been proceeded with. It is said that that summons was defective, inasmuch as

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Case index catchwords

ADMINISTRATION — Two Creditors' Suits — Conduct of Cause.

Pointon v Pointon

11 Jun 1871 LR 12 Eq 547, Equity

EXECUTOR — Executor and trustee — Surviving Partner and Purchaser

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Case index catchwords

EXECUTOR — Executor and trustee — Surviving Partner and Purchaser — Bill for Administration of Testator's Estate and of Partnership Affairs — Misjoinder of Subjects — Parties — Multifariousness — 15 & 16 Vict. c. 86, s. 42, rule 9 — Demurrer.

Cousens v Rose

19 Apr 1871 LR 12 Eq 366, Equity

RIGHT OF WAY — Grant — Right of Way

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Case index catchwords

RIGHT OF WAY — Grant — Right of Way — Construction — Right for Person to use Roadway — Footway — Way for Horses and Carriages — Pleading — Multifariousness.

Ex Parte Mathews, In re Cherry

17 Jun 1871 LR 12 Eq 596, Equity

PRACTICE — Costs of successful Appellant.

SIR JAMES BACON, C.J.:— Although I am of opinion that the rule laid down by the Lords Justices in the recent case of Denny v. Hancock, and declared by them to be the ordinary rule of the Court of Chancery, is a very hard rule — for the successful Appellant must be considered to have been prosecuting a righteous cause — and, notwithstanding the practice of the Common Law Courts and the Privy Council, yet I think I am bound to follow that rule. I must, therefore, refuse to give the Appellant in this case the costs of the appeal,

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Case index catchwords

PRACTICE — Costs of successful Appellant.

Attorney-General v Read

29 Apr 1871 LR 12 Eq 38, Equity

MARRIAGE — Marriage act (4 geo. 4, c. 76), s. 23 — Minor

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Case index catchwords

MARRIAGE — Marriage act (4 geo. 4, c. 76), s. 23 — Minor — License — Misrepresentation by Husband — Forfeiture — Form of Settlement.

1 Statute considered

Attorney-General v Clements

25 Apr 1871 LR 12 Eq 32, Equity

MARRIAGE — Marriage act (4, geo. 4 c. 76), s. 23 — Minor

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Case index catchwords

MARRIAGE — Marriage act (4, geo. 4 c. 76), s. 23 — Minor — License — Misrepresentation by Husband — Forfeiture — Fund in Possession not ordered to be settled, but directed to be transferred into Court — Declaration of Trusts of Funds in Possession and Reversion.

1 Statute considered

Upmann v Elkan

LR 12 Eq 140, Equity

05 Dec 1871 LR 7 Ch App 130, CA

Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 16.

FORGERY — Forged trade-mark — Injunction

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Case index catchwords

FORGERY — Forged trade-mark — Injunction — Agent — Costs — Costs of Respondent.

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