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. 1844 Excerpt: ...by it. As where the defend 'ant, being sued on a bill of exchange, given partly to secure a debt from which he had been discharged by the Insolvent Act, instead of pleading to the action on that ground, gave the warrant of attorney, the Court refused to set it aside (A). Where de-Neither will the Court interfere to ...
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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. 1844 Excerpt: ...by it. As where the defend 'ant, being sued on a bill of exchange, given partly to secure a debt from which he had been discharged by the Insolvent Act, instead of pleading to the action on that ground, gave the warrant of attorney, the Court refused to set it aside (A). Where de-Neither will the Court interfere to relieve a defendant ofmiwon? y wno kv his conduct and false statements with respect to the duct. nature of the debt secured by the warrant has induced an innocent third person to alter his situation (i). Between trustee and cestui que trust. Nor will the Court interfere between a trustee and his cestui que trust. Thus where the defendant, expecting executions to issue against him, gave a warrant of attorney to the plaintiff, in order that he might protect his goods, and the plaintiff levied on the defendant's goods, as it was alleged, in abuse of the authority, Parke, J., on a motion to set aside the warrant, refused the rule, saying, the defendant must seek his remedy in equity (k). Insufficient stamp. The Court will not set aside a warrant of attorney merely on the ground that it was executed on an insufficient stamp, provided it be produced properly stamped on showing cause against the rule for setting it aside (I). The Court will not interfere unless they are quite satisfied Where facts of the existence of the facts upon which the application is "V made(m). Whenever those facts are fairly disputed the parties will be left to their remedy by action (n); or the Court will direct an issue to be settled between the parties to decide the question (o); and in the exercise of their discretion they will either enlarge the rule for setting aside the instrument a sufficient time to enable the action or issue to be tried (p); or they will refuse or...
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