Reports of Cases Argued and Determined in the High Court of Chancery, in the Time of Lord Chancellor Eldon 1812-[1814] 52-[54] Geo. 3 Volume 2

Reports of Cases Argued and Determined in the High Court of Chancery, in the Time of Lord Chancellor Eldon 1812-[1814] 52-[54] Geo. 3 Volume 2

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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. 1818 edition. Excerpt: ...thorities there cited; and (c) 3 Bus. 8: Pull. I13. Elements of Pleas in Equity _ _. Mr. Mr. Leach, and Mr. Shadwell, for the Plaintiffs. Admitting, that it is unne.cessary in_ a_Plea of this Kind to aver, that the Plaintiff is an alien Enemy born, that Re sidence in an Enemy's Country is suflicient, the Purpose of this Residence, authorized by the Law of Nations, appears on the'Face of the Bill. The Plaintiffs not being resident in an hostile Character, the Question is, whether such a Residence can exclude their Right of suing; assuming, that Saxoriy and Westphalia are at least.Neu Itrals, if not in Amity with this Country: the Plea hav_ ing no Averment, that they are alien Enemies. The late 'Case in the Ere/zequer must govern this. The counter Demand, which the Plaintiffs have against the Defendant, though not a Ground of set-off at Law, is _a good Defence here. The whole Object of the Bill is Matter of Defence; and this Plea, which receives no Favor in the Courts, would in this Instance produce manifest Injustice. e-The Residence of the Plaintiffs in France, as Consuls of States in Amity with-this Country, is not brought forward by a distinct Allegation in the Bill; appearing only in their Description: but, admitting that as a Fact, the Plaintiffs, as private individuals, carrying on Business, and thus increasing the Vlfealth and promoting the Prosperity o_t7'an hostile Country, have no Claim to the Protection, . that would otherwise be due to their public Character. The Plea alledges distinctly, that they are adheririg to the King's Enemies. If the late Case in the Court of Exchequer was decided on the Ground, that the Bill was a defensive Measure, it bears no Resemblance to this Case, Y 3 upon upon a Bill praying...show more

Product details

  • Paperback | 192 pages
  • 189 x 246 x 10mm | 354g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236955617
  • 9781236955616