Mr. Serjeant Stephen's New Commentaries on the Laws of England: Partly Founded on Blackstone, Volym 3


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Sida 286 - limits. But, first, we may make this general observation with regard to inferior courts, viz., that it forms one of the provisions of the Judicature Acts, that it shall be lawful for her Majesty from time to time by order in council to confer on any inferior court of civil jurisdiction, the same
Sida 25 - necessary to satisfy the debts and liabilities of the company, and the costs, charges, and expenses of winding it up, and for the adjustment of the rights of the contributories amongst themselves (/); and, as soon as the affairs of the company have been completely wound up, is to make an order that the company be dissolved
Sida 499 - c. 14, s. 1), it was enacted, that in actions grounded upon any simple contract, no acknowledgment, or promise, shall be deemed sufficient evidence of a new or continuing contract whereby to take any case out of the operation of the 21 Jac. I. c. 16, unless it be contained in some
Sida 524 - r. 2}; and that the court or a judge may, at any stage of the proceedings, strike out or amend anything scandalous in such statements, or which tends to prejudice, embarrass or delay the fair trial of the action ; and all such amendments shall be made as may be necessary for the
Sida 526 - that prior to the Common Law Procedure Act, 1852 (15 & 16 Viet. c. 76), a demurrer was either general or special; that is, it either objected in general terms only, or set forth a particular objection. And by 27 Eliz. c. 5, and 4 &
Sida 23 - 4. That, in the case of a company limited by shares, no contributions shall be required from any member exceeding the amount (if any) unpaid on the shares in respect of which he is liable as a present or past member (*). It results, therefore, that in the case of a " limited
Sida 474 - 8. And, generally, in all matters not hereinbefore particularly mentioned, in which there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail
Sida 469 - standard for the measure a chancellor's foot. What an uncertain measure would this be ! One chancellor has a long foot, another a short foot, a third an indifferent foot. It is the same thing with the chancellor's conscience." (o) See the case of Foster and
Sida 479 - the same rule shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future or contingent liabilities respectively, as may be in force for the time being under the
Sida 586 - Moreover, by consent of the parties, (and without such consent in any cause or matter requiring any prolonged examination of documents or accounts, or any scientific or local investigation which cannot, in the opinion of the court or a judge, be conveniently made

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