The Rules and Practice of the Court of Chancery of Upper Canada: Comprising the Orders of 1850 and 1851, with Eplanatory [sic] Notes Referring to the English Orders and Decisions

A.H. Armour, 1851 - 168 pages

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Expressions et termes fréquents

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Page 111 - ... 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...
Page 14 - ... at the time of entering up the said judgment, or at any time afterwards, or over which such person shall, at the time of entering up such judgment, or at any time afterwards, have any disposing power which he might, without the assent of any other person, exercise for his own benefit...
Page 101 - Every person, not being a party in any cause, who has obtained an order, or In whose favor an order shall have been made, shall be enabled to enforce obedience to such order by the same process as if he were a party...
Page 64 - If upon a party, it may be made by leaving the notice or other paper at his residence, between the hours of eight in the morning and six in the evening, with some person of...
Page 31 - ... and also (in the case of such defendant being an infant not residing with or under the care of his father or guardian) served upon or left at the dwellinghouse of the father or guardian, if any, of such infant, unless the Court or Judge at the time of hearing such application shall dispense with such last-mentioned service.
Page 56 - ... were respectively written, signed, or executed, as they purport respectively to have been ; that such as are specified as copies are true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively ; saving all just exceptions to the admissibility of all such documents as evidence in this cause.
Page 68 - If a defendant shall, at the hearing of a cause, object that a suit is defective for want of parties, not having by plea or answer taken the objection, and therein specified, by name or description, the parties to whom the objection applies, the Court, if it shall think fit, shall be at liberty to make a decree saving the rights of the absent parties.
Page 139 - ... certificate of the appearance being entered by the defendant, or an affidavit of the writ of summons being duly served, the Court may, if it shall think fit, make an order granting or refusing the relief claimed, or directing any accounts or inquiries to be taken or made, or other proceedings to be had, for the purpose of ascertaining the plaintiff's title to the relief claimed ; and further, the Court may direct such (if any) persons or classes of persons as it shall think necessary or fit to...
Page 46 - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Page 82 - Court being so satisfied, and the answer uot having been filed, may, if it so thinks fit, order the bill to be taken pro confesso against such defendant either immediately, or at such time or upon such further notice as under the circumstances of the case the Court may think proper.

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