Reports of Cases Decided in the Court of Chancery, the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals of the State of New Jersey, Том 3MacCrellish & Quigley, 1879 |
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Страница 24
... defendant to rely solely on his own affidavit in case the complainant in an injunction bill relies only on his affidavit ; nor can she avail herself of Bell v . Romaine . her husband's affidavit to support 24 [ 30 Eq . CASES IN CHANCERY .
... defendant to rely solely on his own affidavit in case the complainant in an injunction bill relies only on his affidavit ; nor can she avail herself of Bell v . Romaine . her husband's affidavit to support 24 [ 30 Eq . CASES IN CHANCERY .
Страница 25
John Hoff Stewart. Bell v . Romaine . her husband's affidavit to support her answer , although he acted as her agent in the matter in controversy . 2. A bond , secured by a mortgage , provided that on default in the pay- ment of the ...
John Hoff Stewart. Bell v . Romaine . her husband's affidavit to support her answer , although he acted as her agent in the matter in controversy . 2. A bond , secured by a mortgage , provided that on default in the pay- ment of the ...
Страница 27
... husband , which is attached to the bill . The complainant relies on the aver- ments of the bill and his own affidavit in support thereof , without the aid of affidavits of third parties annexed thereto , and therefore the defendant must ...
... husband , which is attached to the bill . The complainant relies on the aver- ments of the bill and his own affidavit in support thereof , without the aid of affidavits of third parties annexed thereto , and therefore the defendant must ...
Страница 34
... husband consenting thereto ; and there were therein set off to the complainant , to be held by him , under the trust declared in the will , in respect to his sister's share of the residuary estate , certain shares of those stocks . All ...
... husband consenting thereto ; and there were therein set off to the complainant , to be held by him , under the trust declared in the will , in respect to his sister's share of the residuary estate , certain shares of those stocks . All ...
Страница 50
... husband and wife for a debt of the latter , dum sola . The husband died insolvent . Afterwards a trust was created for the benefit of the wife , whereby the income of the fund was paid to her for life . - Held , that the judgment ...
... husband and wife for a debt of the latter , dum sola . The husband died insolvent . Afterwards a trust was created for the benefit of the wife , whereby the income of the fund was paid to her for life . - Held , that the judgment ...
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according action admitted agreement alleged amount answer appears applied assessment assignment authority Bank benefit bill bond Brown C. E. Gr canal cause chancellor charged claim complainant complainant's consideration contract conveyance conveyed corporation costs court creditors death debt debtor decree deed defendant directed effect entitled equity established evidence execution executors existence expressed fact filed fund further gave give given ground hands hearing held husband interest Jersey John judgment land latter lien ment mortgage necessary notice obtained owner paid parties payment person possession premises present proceedings proofs purchase question reason receiver reference regard relief respect rule says share signed society sold statute suit taken testimony thereof tion took trust wife witness
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Страница 334 - Whenever any person indebted to the United States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due from the deceased, the debts due to the United States shall be first satisfied...
Страница 163 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Страница 656 - ... except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant...
Страница 659 - Where a trust is created to receive the rents and profits of lands, and no valid direction for accumulation is given, the surplus of such rents and profits, beyond the sum that may be necessary for the education, and support of the person for whose benefit the trust is created...
Страница 165 - ... are at liberty to reject it; for that were to set the judicial power above that of the legislature, which would be subversive of all government. But where some collateral matter arises out of the general words, and happens to be unreasonable, there the judges are in decency to conclude that this consequence was not foreseen by the parliament, and therefore they are at liberty to expound the statute by equity, and only quoad hoc disregard it.
Страница 317 - That the common law of England, as well as so much of the statute law, as have been heretofore practised in this Colony, shall still remain in force, until they shall be altered by a future law of the Legislature; such parts only excepted, as are repugnant to the rights and privileges contained in this Charter...
Страница 567 - Perhaps the cases may all be reconciled on the general principle, that the exercise of this power is to be regulated by sound discretion, as the circumstances of the individual case may dictate ; and that the resort to equity, to be sustained, must be expedient, either because the instrument is liable to abuse from its negotiable nature, or because the defense not arising on its face, may be difficult, or uncertain at law, or from some other special circumstances peculiar to the case, and rendering...
Страница 317 - Resolved, 6. That they are entitled to the benefit of such of the English statutes, as existed at the time of their colonization; and which they have, by experience, respectively found to be applicable to their several local and other circumstances.
Страница 658 - That the Commissioners shall assign to the Assignees, for the Benefit of the Creditors of the Bankrupt, all the present and future Personal Estate of such Bankrupt wheresoever the same may be found or known...
Страница 479 - ... of the capital stock so fixed and limited by the company, shall make a certificate, stating the amount of the capital so fixed and paid in in cash ; which...