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Results: 119

  • Hill v Hibbit

    27 Feb 1869 LR 7 Eq 421, Equity

    PRACTICE — Administration Suit — Second Suit by a Claimant to have Evidence taken de bene esse

  • Pickering v Cape Town Railway Co (No 2)

    11 Jan 1869 LR 7 Eq 224, Equity

    PRACTICE — Motion to dismiss — Voluntary Assignment.
    SIR W. M. JAMES, V.C.:— I am of opinion that the Defendants are right in their motion. In the absence of authority I cannot hold that a voluntary assignment has the same effect as a bankruptcy. There is nothing, as it appears to me, in such assignment to deprive the Defendants of their right to move. They have not lost that right, and there must be the common order to dismiss.

  • Garth v Townsend

    27 Jan 1869 LR 7 Eq 220, Equity

    POWER — Defective Execution or Non-Execution — Intention to execute.
    SIR W. M. JAMES, V.C.:— The demurrer must be allowed. The true test is that mentioned by Mr. Osborne Morgan: is there a distinct intention to execute the power? Now here the persons to take and the amount to be taken, are sufficiently pointed out, but where the instrument fails is in intention to execute the power. Mrs. Garth purposely abstained from executing it. She simply wished her children to be quite unfettered, saying, “I tell you my wishes, but I do not mean to tie you up by any legal document. I know I have power to appoint these

  • In Re Beasney’s Trusts

    16 Jan 1869 LR 7 Eq 498, Equity

    PRESUMPTION — Presumption of death at particular period within seven year — Evidence of Death.
    SIR R. MALINS, V.C.:— I quite adhere to the general rule laid down in Doe v. Nepean, and many other cases, that where a person has not been heard of for seven years the onus probandi of shewing that he died at any particular period within the seven years lies upon the person setting up such earlier death. William Beasney was last heard of in August, 1860, and therefore must now be presumed to be dead; and the question is, whether, having regard to the facts of the case, he must be presumed to have died between that date and

  • Williamson v Williamson

    19 Apr 1869 LR 7 Eq 542, Equity

    Subsequent citations: 2.
    BANKING — Banker and Customer — Banking Account

  • Fenton v Queen’s Ferry Wire Rope Co

    25 Nov 1868 LR 7 Eq 267, Equity

    ASSIGNMENT — Assignment under bankruptcy act, 1861, s. 197 — Right of Trustee to sue

  • In Re Cefn Cilcen Mining Co

    03 Dec 1868 LR 7 Eq 88, Equity

    MINES — Mining company — Article of Association against borrowing

  • In Re Little

    30 Jan 1869 LR 7 Eq 323, Equity

    PRACTICE — Trustee Act, 1850 — Appointment of new Trustees

  • Flanagan v Great Western Railway Co

    14 Nov 1868 LR 7 Eq 116, Equity

    SPECIFIC PERFORMANCE — Lease — Contract by Director.
    SIR G. M. GIFFARD, V.C.:— The bill undoubtedly goes to the new refreshment rooms as well as the old, but, very properly, any relief as to the new refreshment rooms was waived, and therefore, as to that, the bill must undoubtedly be dismissed. As to the lower refreshment rooms, the case is, I think, plain. First of all, the main evidence brought forward is a minute which does not contain in itself sufficient terms for this Court to act upon, or, in fact, the complete terms of the agreement. In addition, we have the affidavit of Mr. Simonds, in which

  • In Re Asiatic Banking Corpn

    08 Dec 1868 LR 7 Eq 91, Equity

    COMPANY — Contributory — Ultrà Vires

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