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. 1850 edition. Excerpt: ...to a bill of discovery,
charging him with fraudulently tendering an accountjof the assets
(92)/' Where the defendants have so acted that the plaintiff has an
equitable case against them, or a case of which a court of equity
will take cognizance or entertain jurisdiction, the defendants
cannot insist upon the objection to discovery, that it may afford
evidence upon an indictment for conspiracy. The boundaries between
matter which is indictable, and that which amounts to a fraud, are
often very close Where the bill was for a discovery of the property
in goods, alleged to be liable to the alien dues, 'and entered by
one of the defendants in the name of another, a natural-born,
subject, the defendants demurred, on the ground that it was in
substance a charge of conspiracy, although 143 (i) Green v. Weaver,
1Sim.430. Chetwynd v. Lindon, 2 Ves. 451 See 1 Mer. 111. 2 Ves.
391. ' (k) Per Lord Hardwicke, (92) The reasoning of Sir A. Hart in
this case is in eactenso worthy an attentive perusal. But the case
seems pushed to an extent hardly reconcilable with the language of
Lord Eldon in Paxton v. Douglass, 16 Ves. 239. the common charge of
combination had been omitted; but Lord Eldon did not allow the
demurrer on that ground (l). In a case which is stated elsewhere
(m), the like objection was taken, and his lordship observed, " I
am perfectly satisfied, that, by allowing the demurrer, I should
destroy this jurisdiction, as without the ordinary words charging
the parties with combination and confederacy, in nine cases out
often, from all times past, they would upon modern doctrine be
liable to indictment, yet courts of equity have been constantly
compelling the discovery (93)." Adverting to the practice in the
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