Reports of Cases in Chancery, Decided by Lord Cottenham [1846-1848]: Commencing 7th July, 1846: with which are Interspersed Some Miscellaneous Cases and Dicta, and Various Notes, Volume 1

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List of Miscellaneous Cases and Passages in the Year Books and Abridg
xcv
Hyde William since deceased v Mary Price John Price
xcvii
Lord Chancellors Lord Keepers and Lord Commissioners
cv
Skinners Company L C April
cx
Masters of the Rolls
cxiii
that will destroy the privilege ibid
1
until exceptions are actually allowed
3
IIemming p Dingwall L C July 7 1846
14
Parker Oswald and others L C July
15
Worcester Corporation L C
18
The Court had no authority to direct such service in any suits prior to those acts
22
Snow V C January 1818
27
Welletley 4 Myl Cr 544 The reporters notes of that part
28
trustee of the road The other mortgagees are necessary parties
31
Question as to second amendments after leave given upon a successful demurrer
34
Where the Court has given leave to parties to bring a representative before
41
Some early cases in which demurrers having been allowed for want of parties
47
Cases temp Lord Hardwicke in which upon objection at the hearing causes
48
petitions for the delivery and taxation of bills of costs
53
Notice by the decree of exhibits and depositions rejected Remarks
57
Right to begin Cause set down upon objection for want of parties cc
66
Where the appeal was from an order on further directions
72
Doneraile Lady v Lord Doneraile House of Lords
83
Williams 2 Swans 253 More fully stated from the Reporters note
95
Clayton Sir William Bart v The AttorneyGeneral
96
in a Petition of Right unless the AttorneyGeneral will admit tliein
143
Chichester L C July 29 November 16
147
CASES UPON THE QUESTION WHAT INCOME THE TENANT FOR LIFE
152
An executor compelled to account for the excess of payment to tenant for life
154
Duke L C June 1817
158
Where there was a direction to invest in land 161165
161
Consolidated 3 per Cents
162
Where no accumulation of the income directed 172194
172
Martin Turn Russ 232 Passage in the answer of the trustees
174
Where the investment takes place during the first year the tenant for life is entitled
178
Although the property produce no income yet the tenant for life is not to
180
Cases in which the property could not be convertedor the parties acquiesced
190
hibit at the hearing 1 C P Coop
191
Pearce r Norris V C June 1820
195
Records and Jurisdiction in Lunacy
198
Olmim 1 Ves Jun 153 No such point as Mr Daniell supposes
204
Pearson Hannah in the matter of a Lunatic X C
206
Dawson L C January 1836
207
Needham L C January 1845
208
Case of an outlaw
210
General rule that a party in contempt cannot come to take advantage of pro
217
Lontdale 4 M C 545 The dictum cited from MS Cases
220
Malkin L C July 18 22 Novem
233
Willink p Bentinck L C December 14 1846
288
not restrain a creditor from pursuing his legal remedy
293
Sale of railway scrip certificates
295
Small amount of the costs of some orders made by the Masters nndcr the Chan
311
Hughes V C January 1820
329
Pateman F C Eng February 1847
330
Sombre Re L C December 23 1846
332
Jones r Williams t C July 1830
336
Remarks on the jurisdiction exercised by the Masters under that Act
339
Benson and Smith p the Glastonbury Navigation
350
Clayton 13 Ves 546 From a MS in the authors possession Specific
351
The case of De Tastet v Bordemve Jacob 516 stated from MS Notes
361
Lyde e Crawford Af R May 1835
370
Dawson Sarah on rehalf of herself and all other Sim
377
Bristowe p Needham L C July 31 184G
379
Rogers Alfred and Frances Rogers Infants v Charles
380
Newbury Corporation M R
383
Prior to the statute of Will III Courts of equity had jurisdiction where awards
388
Since the statute of William HI Courts of equity have jurisdiction where awards
390
Question as to the jurisdiction of the Court of Chancery where fraud or corruption
405
Williams Susannah L Wife of T C Williams by
416
Nichols p Chalie L C December 1807
419
Baynard V C November 1825
422
The reasons of the appellants and of the respondents in Hill v Fillbin and Filkin
432
Lord Macclesfields decree upon the new or as it is called amended bill
436
One of Lord Nottinghams rules
443
Decisions and Dicta Part II 237448
448
Walker Three Causes L C April
451
Transfer of causes in the time of Lord Harcourt from the paper of the Master
452
MMahon f Burchell L C December 4 1846
469
Actions of account against bailiffs of frequent occurrence in the Year Books
472
Doctrine ascribed to Lord Hardwicke that jointtenants and coparceners
479
Binning V C January 1831
489
In a suit to raise a charge against a purchaser alleged to have notice of it
498
Horne p Balfour M R November 1823
501
Dillon V C February 1824
504
Court lays aside all evidence of declarations and admissions not stated in
506
p L C July 24 1846
522
Robinson p Cox Z C July 1741
540
Brunell p Wade i C June 142
541
It must not be assumed that an inquiry before the Master is the course
554
Ward Joseph and William Turner Ward and Mar
555
Decisions and Dicta Part III 457568
568
Buckinghamshire Duke of p Ward Lords Commissioner
569
Appendix
575
Manchester Canal Company V C February
595
Reasons for the omission of an Index at the end of the present Volume
607
Sangar and others v Gardiner and others Two Causes
608

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Página xvii - Sir, you do not know it to be good or bad till the judge determines it. I have said that you are to state facts fairly ; so that your thinking, or what you call knowing, a cause to be bad, must be from reasoning, must be from your supposing your arguments to be -weak and inconclusive.
Página 269 - Court as the Lord Chancellor with the advice and assistance of the Master of the Rolls, and Vice-Chancellor, or one of them, shall by any general order or orders direct...
Página xciii - The Lives of all the Lords Chancellors, Lords Keepers, and Lords Commissioners, of the Great Seal of England; from William the Conqueror, to the present time: But more at large of those two great opposites, Edward, Earl of Clarendon, and Bulstrode, Lord Whitlock. With a Parallel of their Actions to which is added, an appendix of many rare and valuable Speeches, Letters, &c., referring to the said Lives.
Página 352 - If a defendant shall, at the hearing of a cause, object that a suit is defective for want of parties, not having by...
Página 362 - ... in the same manner and to the same extent as the executors or administrators in suits concerning personal estate represent the persons beneficially interested in such personal estate; and in such cases it shall not be necessary to make the persons beneficially interested in such...
Página 360 - That in all cases in which the plaintiff has a joint and several demand against several persons, either as principals or sureties.it shall not be necessary to bring before the Court, as parties to a suit concerning such demand, all the persons liable thereto; but the plaintiff may proceed against one or more of the persons severally liable.
Página 269 - ... to the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal, or Master of the Rolls...
Página 439 - A brief account of some of the most important proceedings in Parliament relative to the defects in the administration of justice in the Court of Chancery, the House of Lords and the Court of Commissioners of Bankrupts.
Página xviii - ... to be weak and inconclusive. But, Sir, that is not enough. An argument which does not convince yourself, may convince the Judge to whom you urge it: and if it does convince him, why, then, Sir, you are wrong, and he is right. It is his business to judge ; and you are not to be confident in your own opinion that a cause is bad, but to say all you can for your client, and then hear the Judge's opinion.
Página 270 - ... may require ; and whenever the seat of any of the twenty-eight lords temporal so elected shall be vacated by decease or forfeiture, the chancellor, the keeper or commissioners of the great seal of the united kingdom for the time being...

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