This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1833 edition. Excerpt: ...and where persons who would have been entitled to the personal estate of a lunatic if he had been then dead intestate, as his next of kin, supposing him legitimate, brought a bill, in the lifetime of the lunatic, to perpetuate the testimony of witnesses to his legitimacy, against the attorney general as ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1833 edition. Excerpt: ...and where persons who would have been entitled to the personal estate of a lunatic if he had been then dead intestate, as his next of kin, supposing him legitimate, brought a bill, in the lifetime of the lunatic, to perpetuate the testimony of witnesses to his legitimacy, against the attorney general as supporting the rights of the crown(z), demurrers were allowed. For the parties in these cases had no interest which could be the subject of a suit; they sustained no character under which they could afterwards use the depositions(a), and therefore the depositions, if taken, would have been wholly nugatory. So in every ease where the plaintiff in a bill shows only the probability of a future title upon an event which may never happen, 157 he has no right to institute any suit concerning it; and a demurrer will hold to any kind () Smith, v. Alt. Gen. in Chan, there is the form of a demurrer(l). Mich. 1777. G Ve.. 260. Allan v. (z) Smith. s. Alt. Gen. in Chan, Allan. 15 Ves. 130. Mich. 1777; 6 Ves. 256. 260; 15 (y) SackviU v. Ayleworth, 1 Vern. Ves. 133. 136. 105; 1 Eq. Ca. Ab. 234; Smith v. (a) See 2 Prai. Aim. Cur. Can. Walson, in Chan. 20 June, 1760. 2 501; and see The Earl of Belftat Prax. Aim. Cur. Cane. 500, where v. Chichester, 2 Jac. & W. 439. (1) See a better form, note (/;), Willis, 452. Also a precedent, in 8 Equity Draft. 85. of bill on that ground, which will extend to any discovery as well as to relief(6). If the claim of the plaintiff is of a matter in itselt unlawful, as of money promised to a counsellor at law for advice and pains in carrying on a suit(c); or of money bequeathed by a will to purchase a dukedom(d); the defendant may demur to the bill, for the plaintiff not having a lawful claim has no title to sue in a court of...
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Add this copy of A Treatise on the Pleadings in Suits in the Court of to cart. $31.09, new condition, Sold by Paperbackshop rated 4.0 out of 5 stars, ships from Bensenville, IL, UNITED STATES, published 2018 by HardPress Limited.
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