The History and Practice of the High Court of Chancery; In Which Is Introduced an Account of the Institution and Various Regulations of the Said Court

The History and Practice of the High Court of Chancery; In Which Is Introduced an Account of the Institution and Various Regulations of the Said Court

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 edition. Excerpt: ...to receive exceptions, the time for filing thereof being out, always added a clause that it should be so, but so as not to continue an injunction; and this clause was often wondered at, and never rightly understood, and is of late left out; for where there was no injunction at all, that clause was superfiuous. 10. If the plaintiff who hath an injunction dies pending the suit, in strictness the whole proceedings are abated, and the injunction with them. But even in this case the party shall not take out execution without special leave of the court. He must move the court for the plaintiff to revive his suit within a limited time, or the injunction to stand dissolved; and as this is never denied, so, if the suit is not revived, the party takes out execution. There are some instances where a plaintiff may move to revive his injunction; but as that rarely happens, so it is rarely granted, especially where the injunction hath been before dissolved. But where a bill is dismissed, the injunction and everything else is gone, and execution may be taken out the next day; and this was never yet doubted. ll. As concerning the breach of injunctions, it hath been of late practiced to commit the party on personal notice given him, but never on notice to his clerk in court. But the old rule was, to proceed by way of attachment; and it would prevent daily inconveniences if it were strictly held to; for otherwise a man is committed, and at once deprived of his liberty, and cannot inove or petition but t'n vinculis, unless the court otherwise give leave on a petition to hear him. 12. Whereas, by the ancient rule, where a man is guilty of the breach of an injunction, upon aflidavit made thereof, the p1aintifl"s clerk in court issues out an attachment...show more

Product details

  • Paperback | 108 pages
  • 189 x 246 x 6mm | 209g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236956265
  • 9781236956262