Lord St. John v Boughton
| Jurisdiction | England & Wales |
| Judgment Date | 01 May 1838 |
| Date | 01 May 1838 |
| Court | High Court of Chancery |
English Reports Citation: 59 E.R. 342
HIGH COURT OF CHANCERY
S. C. 7 L. J. Ch. 208; 2 Jur. 413.
Statute of Limitations, 3 & 4 W. 4, c. 27. Debt.
[218] boys v. trapp. April 23, 1838. Construction of 3 & 4 W. 4, c. 94, sect. 13. Publication. The Master having been prevented by illness from attending at his office on the day appointed for hearing an application to enlarge publication ; held, that the application might be made to the Court. The Defendant being desirous to enlarge publication, the parties attended at the Master's office on the day appointed for making the application; but the Master was ill and did not attend. Mr. Koe, for the Defendant, now moved to enlarge publication. Mr. Stuart, contra, said that the application ought to have been made to the Master; as the power of the Court to make an original order to enlarge publication was taken away by 3 & 4 Will. 4, c. 94, s. 13. (See also the 15th and 20th of the Orders of 1833.) the vice-chancellor [Sir L. Shadwell] said that the circumstance of the Master's not making the order on account of his...
To continue reading
Request your trial
-
Hodsden against Harridge
...2 Bing. N. C. 776, Hyde v. Johnson. 3 Scott, 289, S. C. 5 C. & P. 211, Gibson v. Baghott. Secus, as to the stat. 3 & 4 W. 4, c. 27, a. 40. 9 Sim. 219, Lord St. John v. Boughton.] (s) But where the defendant promises to pay if he can, the plaintiff must prove the defendant's ability to do so......
-
Toft v Stephenson
...there is an acknowledgment by the party to be charged to the party who is entitled' to receive the money. Lord St. John v. Boughton (9 Sim. 219) was the case of a trust to pay debts, and the Vice-Chancellor of England held that the trustee having signed an acknowledgment admitting a party t......
-
Du Vigier v Lee
...on the question of interest: Doe d. Jones v. Williams (5 Ad. & El. 291); Paget v. Foley (2 Bing. N. C. 679); Lard, St. John v. Boughton (9 Sim. 219); Hodges v. Croydon Canal Company (3 Beav. 86); Hellish v. Brooks (Id. 22); Sfrachan v. Thomas (12 Ad. & El. 556); Holland v. Clark (1 Y. & C. ......
-
Fordham v Wallis
...trustent; and that the debt was thus kept alive against either the fee or the life interest in these estates: Lord St. John v. Boughton (9 Sim. 219), Toft v. StephensÖ (1 De G. Mac. & G. 28), Francis v. Grover (5 Hare, 39), Wynne v. Styan (2 Ph. 303); and that even as against the Defendants......