Bail Court Reports Volume 1

Bail Court Reports Volume 1

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1847 edition. Excerpt: ...principle is not fully carried out. For instance, there may have been expenses incurred previous to the commencement of the action, which, unless specially ordered, or provided for, cannot be allowed by the Master; such expenses may be incurred for making searches, or inquiries, or in the investigation of claims, or for preparing cases for the opinion of counsel, and fees to counsel. And the reason why they cannot be allowed is, that in an order to stay proceedings in an action between certain persons, the costs are confined to the proceedings in such action, and cannot therefore apply to charges incurred before the commencement thereof. In order to include such charges, therefore, special provision should be made in the rule or order, or consent." It is contended on the other side, that the costs in the present case fall within the rule here stated, but it is submitted that they do not, and that in fact they amount to instructions to sue, and, like that general item, attach to the subsequent costs in the case. Wightman, J. The ground upon which I granted the rule was, that it was an accident going into Chancery, with which the defendant had nothing to do, and that the necessity for so applying, arose from something generally connected with the estate, and not from the defendant's default. But had it not been for the defendant's default, these costs in Chancery Bail Court. would not have been incurred, and he could not have been 1846 sued at law without them. Wightman, J. It was no LirsOmBE necessary proceeding in the cause. The action could T"-nER not have gone on without them. Wightman, J. These costs never would have been incurred except for the bill in Chancery, which was filed by the creditors for their own purposes. With...
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Product details

  • Paperback | 116 pages
  • 189 x 246 x 6mm | 222g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236584910
  • 9781236584915