Jones v Roberts

JurisdictionEngland & Wales
Judgment Date09 June 1841
Date09 June 1841
CourtHigh Court of Chancery

English Reports Citation: 59 E.R. 1104

HIGH COURT OF CHANCERY

Jones
and
Roberts

Practice. Motion.

1104 JONES V. ROBERTS 12 SIM. 189. [189] jones v. egberts. June 9, 1841. Practice. Motion. A person, though not a party to a suit, may apply in it by motion (stating his title in the notice of motion), unless a long statement of facts is required to shew his title; and then he must apply by petition. On the hearing of a motion in this cause, it was objected that the person on whose behalf the motion was made, not being a party to the suit, could not move in it, but ought to have presented a petition. the vice-chancellok [Sir L. Shadwell], however, ruled that, as the title of the applicant was stated in the notice of motion, and no long statement of facts was required to shew the title...

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9 cases
  • Cretanor Maritime Company Ltd v Irish Marine Management Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 15 February 1978
    ...on Injunctions 6th Edition, 662). Where the interest of the applicant is clear, he may make such application by motion in the action ( Jones v. Roberts 12 Simon, 189) and in my opinion can equally well do so by summons. If it were necessary, it seems to me that probably there would be power......
  • Lee Chee Wei v Tan Hor Peow Victor
    • Singapore
    • Court of Appeal (Singapore)
    • 16 April 2007
    ...26 Ch D 700 (refd) Dies v British and International Mining and Finance Corporation Limited [1939] 1 KB 724 (refd) Duncuft v Albrecht (1841) 12 Sim 189; 59 ER 1104 (refd) Exklusiv Auto Services Pte Ltd v Chan Yong Chuan Eric [1995] 3 SLR (R) 728; [1996] 1 SLR 433 (distd) Fraser & Neave Ltd v......
  • Lee Chee Wei v Tan Hor Peow Victor and Others and Another Appeal
    • Singapore
    • Court of Appeal (Singapore)
    • 16 April 2007
    ...that “a seller of shares not freely saleable in the open market is entitled to specific performance”. Similarly, in Duncruft v Albrecht (1841) 12 Sim 189, the court decreed specific performance for the sale of shares which were limited in number and not always available in the open 55 While......
  • Yeoh Wee Liat v Wong Lock Chee
    • Singapore
    • High Court (Singapore)
    • 20 August 2013
    ...that 'a seller of shares not freely saleable in the open market is entitled to specific performance'. Similarly, inDuncuft v Albrecht(1841) 12 Sim 189, the court decreed specific performance for the sale of shares which were limited in number and not always available in the open market. 55 ......
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