Before the award, either party may revoke the authority of the arbi-

trator, although the reference is made under an order of the court; but it is a contempt to do so.—

.Haggett v. Welsh, 1 Sim. 134. CERTIORARI. It is sufficient for granting a writ of certiorari, to remove proceedings

in replevin from a court of great sessions in Wales, that the title to the freehold is in question.-Edwards v. Bowen, 2 Russ. 163. CHARITY. 1. It is not a general rule that the court will confine a charitable gift

for the benefit of the poor, to such poor as do not receive parish re

lief.-Attorney General v. Corporation of Exeter, 2 Russ. 45. 2. Where trustees of a charity, under an instrument of doubtful con

struction, have acted honestly, though mistakenly, the court will not compel them to account for what passed before the filing of an infor

mation.-Ibid. COSTS. 1. Costs as between solicitor and client, allowed to the Archbishop and

Bishop, when made parties to a suit respecting the validity of the election of a Vicar. - Edenborough v. Archbishop of Canterbury,

2 Russ. 93. 2. The court will not make an order to stay proceedings, until security

be given for costs, upon the ground of the plaintiff being about to

leave the country.-Willis v. Garbutt, 1 Y. & J. 511. EXCEPTIONS. Where exceptions are taken to the answers to the original, and also the

amended bill, a separate rule for arguing each set of exceptions must

be given.—Eastwood v. Dobree, 1 Y. & J.508. FEME COVERTE. Where, after marriage, the husband of a woman entitled to a fund in

a cause, agreed, in writing, to settle half his wife's property upon her: held, that the agreement enured to the benefit of the children, and that, therefore, the wife could not wave it.-Fenner v. Taylor,

1 Sim. 169. INJUNCTION. Injunction granted ex parte to restrain the owner of a house from

making any erections or improvments, so as to obstruct the ancient

lights of an adjoining house.-Back v. Stacy, 2 Russ. 121. ISSUES. 1. New trial of an issue not granted merely because évidence was re

jected which ought to have been received.-Barker v. Ray, 2 Russ. 63. 2. Nor because the judge represented the effect of the defendant's an

swer to the jury inaccurately. Ibid. JURISDICTION. The court has jurisdiction to control the legal rights of a father over his

children on the ground of his immoral conduct.-Wellesley v. Duke of Beaufort, 2 Russ. 1.


A tenant has no equity to compel his landlord to expend money re-

ceived from a fire insurance office in rebuilding the demised premises; or to restrain him from suing for rent until the premises are

rebuilt.—Leeds v. Cheetham, 1 Sim. 146. MOTION. Where a party shows upon affidavit, that a cause, which he did not

know to be in the paper, was disposed of in his absence, the court will restore it to be heard upon motion.-- Rowley v. Carter, 1 Y. &

J. 511. PARTNERSHIP. Where a partner has a right to appoint a person to succeed, upon his

death, to his share of the business ; the refusal of his appointee to come in on the same terms on which he was a partner, dissolves the partnership: but the dissolution is not wrought by the exclusion of

the appointee.-Kershaw v. Mathews, 2 Russ. 62. PLEADING. On an action to recover the produce of foreign specie remitted to an

agent, the agent filed his bill, alleging generally, that there were mutual dealings between the parties, and praying an account and injunction: demurrer allowed.--Frietas v. Dos Santos, 1 Y. &

J. 575. PRACTICE. 1. After an appeal was lodged in the house of lords, the court below

made an order, expunging from the registrar's notes, a part of the evidence read upon the hearing: order reversed as irregular.—Lop

dell v. Creagh, 1 Bligh, 255. 2. Answer taken off the file, because, (inter alia) in the jurat, as to one

defendant, a mistake had been made in the year (1817 being written for 1827); and the answer had been affirmed by another defendant, a quaker, under a commission to take his answer upon oath.–Parke

v. Christy, 1 Y. & J.533. 2. On a bill by underwriters for a commission to examine witnesses abroad;

the court held an affidavit of the plaintiffs' solicitor, stating generally, that he believed the plaintiffs had witnesses abroad whose testimony was material, without stating the grounds of his belief, to

be sufficient.-Robinson v. Somes, 1 Y. & J. 578. 3. Where exceptions were taken to a return by the commissioners under a decree of partition, the court held that exceptions would not

and that a motion to suppress the return was the proper course. -Jones v. Totty, 1 Sim. 136. 3. The vendor, under a decree, may confirm an order nisi obtained by

the purchaser, if the latter neglect to do so.—Chillingworth v. Chil

lingworth, 1 Sim. 291. 4. Office copies of depositions in a tithe suit in the exchequer may be

read in a similar suit in the court of chancery against another defendant making the same defence, on producing office copies of the bill and answer in the former suit, without an order for that purpose.-Williams v. Broadhead, i Sim. 151.

lie ;

Where the grantor of an annuity, secured on lands subject to a prior

charge, resides abroad, but by his agent continues in the receipt of the profits; the court will, on the application of the annuitant, appoint a receiver, though the grantor has not appeared to the

suit.—Tanfield v. Irvine, 2 Russ. 149. SPECIALTY CREDITOR. 1. An annuity to the grantor's sister, though expressed to be made for

natural love and affection, may be averred to have been in consideration of her marriage, and will entitle her to rank as a specialty cre

ditor of the grantor.—Tanner v. Byne, 1 Sim. 160. 2. A husband made a post-nuptial settlement of £ 4000, and then, in

consideration of the £4000 expressed to have been lent to him by the trustees, mortgaged to them a real estate to secure that sum, and covenanted to repay it. Held, that although the husband never paid the money to the trustees, they were, nevertheless, specialty

creditors of the husband.—Tanner v. Byne, 1 Sim. 160. SOLICITOR. Where a solicitor retained a sum of money, paid out of court, towards

his costs ; and upon taxation it appeared that at the time he obtained the money, he had been already overpaid ; the court refused upon a motion for that purpose to charge him with interest.-Wright v.

Southwood, 1 Y. & J. 527. TIMBER. Tenant for life without impeachment of waste, except as to timber

growing in the park, avenues, demesne lands, and woods, adjoining the capital messuage, there being no woods of that description, cannot cut timber in any woods so adjoining the house as to serve for

ornament or shelter to it.—Newdigate v. Newdigate, 1 Sim. 131. VICAR. 1. Where an advowson is vested in trustees for the benefit of the pa

rishioners, an election of a vicar hy ballot is not valid. — Eden

borough v. Archbishop of Canterbury, 2 Russ. 93. 2. In such a case, the right of voting at the election of a vicar may be

limited by long usage to parishioners who pay church and poor's rates.-Ibid.


Mode of proceeding on an irrelevant or scandalous affidavit.—Ex-parte

Chisman, 2 G. & J. 315.

ALLOWANCE. 1. Bankrupt not entitled to allowance unless a sufficient dividend be

paid both upon the joint and separate estate.- Ex-parte Goodall, 2 G. & J. 281

2. A bankrupt has no right to his allowance, until his certificate has

been confirmed by the chancellor.-Ex-parte Pavey, 2 G. & J. 358. ANNUITY. A covenant by a husband to secure to his wife, if she should survive,

an annuity, is a sufficient consideration to support a grant of an an

nuity from the wife's father.-Ex-parte Draycott, 2 G. & J. 283. ASSIGNEES. Where à bill has been filed before the bankruptcy of the plaintiff, a

supplemental bill may be filed by the assignees without the consent

of the creditors.-Beavan v. Lewis, 2 G. & J. 245. ATTESTATION. A petition which does not on the face of it appear to be by a solicitor,

must be properly attested. Ex-parte Cole, 2 G. & J. 269. BANKRUPT. 1. A bankrupt cannot, after certificate, petition to supersede because

he was not a trader.—Ex-parte Lewis, 2 G. & J. 208. 2. A bankrupt who is disputing the commission at law cannot, because

nonsuited, be compelled to convey.—Ex-parte Thomas, 2 G. & J. 278. 3. Where a bankrupt acquiesces, the chancellor will, upon petition,

restrain him from proceeding at law to impeach the validity of the commission.—Ex-parte Leigh, 2 G.&J.392.–Vide Ex-parte Glossop,

2 G. & J. 268. CERTIFICATE. 1. A certificate signed by creditors before the bankrupt has passed his

last examination is invalid.-Ex-parte Cusse, 2 G. & J. 327. 2. Where a bankrupt lost £40 on a wager, although he, on the same day, won more than that sum, his certificate was stayed on petition.

-Ex-parte Newman, 2 G. & J. 329. COMMISSIONERS. Commissioners may expunge the debt of the petitioning creditor if

improperly proved.—Ex-parte Neal, 2 G. & J. 308. COMMITMENT. 1. Where a bankrupt is committed without a protection, the assignee

may lodge a detainer against him, between the time of his applying to

be examined and his examination .-Ex-parte Weight, 2 G. & J. 202. 2. A warrant stating that various questions had been proposed to the

bankrupt, “and amongst others the following &c.,” is defective.

Lawrence's Case, 2 G. & J. 209. 3. A warrant referring to documents not set forth, so that the judge

has not the same information which the commissioners possessed, is

defective.—Price's Case, 2 G. & J. 211. 4. The omission of a previous examination does not vitiate a commit

ment upon a distinct ground.-Atkinson's Case, 2 G. & J. 218. COSTS. The costs of a petition for his certificate, presented by a bankrupt after

the petition day, will not be allowed. Ex-parte Birch, 2G. & J. 206. DESCRIPTION. 1. A commission omitting to describe the bankrupt as of the place at which he had been chiefly known as a trader is bad.-Ex-parte Parrey,

2 G. & J. 225. 2. He must be described as of the place where he actually traded.

Ex-parte Beadles, 2 G. & J. 243. ELECTION 1. A creditor may prove on a bill for part of the debt, and proceed at

law for a bill for the remainder, which he had negociated before the

bankrupty, and taken up after the proof.--Ex-parte Sly, 2 G. & J. 163. 2. A creditor having proved will be restrained from issuing execution

against the property in the hands of the assignees.- Ex-parte

Bérnasconi, 2 G. & J. 381. 3. A creditor cannot proceed at law upon one of two bills for goods,

due and dishonoured before proof on the other, but returned after

proof.-Ex-parte Schlesinger, 2 G. & J. 392. EQUITABLE MORTGAGE. 1. An equitable mortgagee is entitled to the rents and profits from the time of presenting his petition for a sale.—Ex-parte Bignold, 2 G.&J.273. But see Ex-parte Alexander, 2 G. & J. 275. EVIDENCE. It is not necessary to put in the proceedings as evidence where there is

no notice to dispute the commission.-Beavan v. Lewis, G. & J. 245. GUARANTEE. A partner may give a guarantee for his partners in a matter relating

to the partnership.—Ex-parte Nolté, 2 G. & J. 295. INTEREST. A separate creditor is not entitled to interest out of the surplus until

the joint-creditors have been paid in full.—Ex-parte Minchin, 2 G. &

J. 287. JUDGMENT BY NIL DICIT. Bill does not lie to set aside a judgment by nil dicit: the remedy is

by petition.—Mitchell v. Knott, 2 G. & J. 293. JURISDICTION. 1. Whether the chancellor has jurisdiction to enforce payment from

the petitioning creditor of a forfeiture for compounding with the bankrupt.–Vide Ex-parte Dimmoek g Ex-parte Marshall, 2 G.&J.

262–265. 2. The court has no jurisdiction against an execution creditor who has

not proved.-Ex-parte Botcherly, 2 G. & J. 367. 3. The vice-chancellor cannot, without consent, advance a petition to

be heard before the day for hearing fixed by the lord chancellor.

Ex-parte Charlton, 2 G. & J. 390. LIEN. Where a London banker and a country banker became bankrupt, and

the former was in possession of short bills and a mortgage, deposited with him as security against his acceptances, of such of which as were outstanding, the assignees of the country banker did not relieve his estate: held, that the holders of such acceptances were

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