The Doctrine of Equity: A Commentary on the Law as Administered by the Court of Chancery

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T. & J.W. Johnson & Company, 1873 - 831 pages

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Page 210 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto...
Page 404 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a Court of Chancery.
Page 46 - ACTIONS (a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and...
Page 111 - ... act or operation of law, then and in every such case such trust or confidence shall be of the like force and effect as the same would have been in this statute had not been made; anything therein before contained to the contrary notwithstanding.
Page 175 - A charity, in a legal sense, may be more fully defined as a gift to be applied, consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their hearts under the influence of education or religion, by relieving their bodies from disease, suffering, or constraint, by assisting them to establish themselves for life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.
Page 476 - It is not strictly correct to say that his right to share in the profits makes him liable to the debts of the trade. The correct mode of stating the proposition is to say that the same thing which entitles him to the one makes him liable to the other, namely, the fact that the trade has been carried on...
Page 677 - ... a plea in bar; and in such answer he shall not be compellable to answer any other matters than he would be compellable to answer and discover upon filing a plea in bar and an answer in support of such plea, touching the matters set forth in the bill, to avoid or repel the bar or defense.
Page 133 - It Is a settled rule of law that the beneficial Interest of the cestul que trust, whatever It may be. Is liable for the payment of his debts. It cannot be so fenced about by Inhibitions and restrictions as to secure to it the inconsistent characteristics of right and enjoyment to the beneficiary and Immunity from his creditors.
Page 384 - The heir or expectant has been kept from disclosing his circumstances, and from resorting to them for advice, which might have tended to his relief and also reformation. This misleads the ancestor who has been seduced to leave his estate, not to his heir or family, but to a set of artful persons who have divided the spoils beforehand.
Page 759 - ... to take notice ; and upon affidavit of the plaintiff, filed in the clerk's office, that the same has not been complied with within the prescribed time, the clerk shall issue a writ of attachment against the delinquent party, from which, if attached thereon, he shall not be discharged, unless upon a full compliance with the decree and the payment of all costs, or upon a special order of the court or of a judge thereof, upon motion and affidavit, enlarging the time for the performance thereof.

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