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A Treatise on Discovery of Evidence by Bill and Answer, in Equity (Paperback) Loot Price: R419 Discovery Miles 4 190
A Treatise on Discovery of Evidence by Bill and Answer, in Equity (Paperback): Thomas Hare
A Treatise on Discovery of Evidence by Bill and Answer, in Equity (Paperback): Thomas Hare

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A Treatise on Discovery of Evidence by Bill and Answer, in Equity (Paperback)

Thomas Hare

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Loot Price R419 Discovery Miles 4 190

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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. 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 Exchequer, Lord...


Imprint: Rarebooksclub.com
Country of origin: United States
Release date: September 2013
First published: September 2013
Authors: Thomas Hare
Dimensions: 246 x 189 x 5mm (L x W x T)
Format: Paperback - Trade
Pages: 88
ISBN-13: 978-1-130-50353-1
Barcode: 9781130503531
Categories: Books > Law > Jurisprudence & general issues
Books > Law > Jurisprudence & general issues > General
LSN: 1-130-50353-4

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