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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 685   View pdf image (33K)
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INDEX. 685
rehearing in a creditor's suit. — Tessier
v. Wyse, 61.
Although an infant who attains his full
age pending a suit may be allowed to
come in as of course and demur, plead,
or answer; yet he cannot be permitted
to do so ia a creditor's suit alter a de-
cree, 62; McCormick v. Gibson, 501.
An irilant plaintitf can make no admis-
sions by his not replying to the an-
swer — Salmon v. Clagett, 141.
A deed may be treated as a nullity as to
an infant who had signed it, in regard
to any claim against him; but he can
have no relief, if he claims none, 171.
How far the court has gone, upon gene-
ral principles, or has been authorized
to go, by general or special legislative
enactmenis, in applying the principal
of an infant's estate to his maintenance
and education. — Williams' case, 189.
An infant's personalty may be converted
into realty, or the timber and mineral
part of his real estate may be converted
into personalty; but not his real estate
of inheritance, 190, 193, 204.
The acts of Assembly which authorize
the sale of the real estates of infants
considered as to their true construc-
tion; their practical utility, and their
constitutionality, 199, 209.
Where under those acts, the widow who
is the guardian of the infants, is the
petitioner, her assent to the sale is im-
plied, 210.
The credit given on the sale of an infant's
real estate, considered as an invest-
ment ibr his benefit, 211.
The sale of an infant's mortgaged estate
must always be for his benefit, 194.
The capital of an infant's personal estate
broken in upon, and the dividend of
the proceeds of the sale of his real es-
tate paid to him to enable him to prose-
cute his professional studies, and to
put him out in life, 198 j Hanson v.
Chapman, 198.
No part of an infant's real estate to be
diminished without the approbation of
the Court of Chancery as well as the
Orphans Court.— Williams' case, 200 ;
Goltier's case, 200.
Females of age for certain purposes at
eighteen or day of marriage; why this
provision. — Williams' case, 219, note.
INJUNCTION.
An injunction to stay proceedings at law
against the party will not be granted
without bond.— Walsh v. Smyth, 13,
No bond is required in certain cases on
the granting of an injunction to stay
execution at law. — The Cape Sable
Company's case, 615.
Where the suit abates by the death of a
plaintiff, the injunction aot to be dis-
solved without notice. — Walsh v.
Smyth, 23,
Baton the ground of the peat lapse of
time alter the abatement, the defen-
dant may move at once for a dissolu-
tion, 24.
An injunction may be granted on an ex
parte application on the bill alone, not-
withstanding an apparent misnomer of
the corporation. — Bosley v. The Sus-
quehanna Canal, 64.
An injunction before answer does not
order the defendant to do or to undo
any thing, 65,
Nothing can be deemed a breach of an
injunction forbidding the disturbance
ot a peculiar right of way which does
not interfere with its free exercise, 68.
A motion to dissolve the injunction and
exceptions to the answer may be taken
up together and determined at the same
time. — Salmon v. Clagett, 131,
How an injunction may be obtained, and
how dissolved on bill and answer, 159,
161.
The difference between the combination
of facts which gives rise to the equity
upon which the injunction rests, and
that which gives rise to the equity up-
on which the plaintiff" asks relief, 159.
On a motion to dissolve, the court is con-
fined to the answer so far as it is re-
sponsive, putting aside all matter in
avoidance, 132, 162; The Bellona
Company's case, 445.
An injunction may be granted to protect
mortgaged property before the mort-
gage debt becomes due. — Salmon v.
Clagett, 180.
On a motion to dissolve, no ex parte affi-
davits or proofs admitted, 132; The
Bellona Company's case, 445.
An injunction dissolved as to the amount
due, and made perpetual as to credits
not given. — Beard v. Williams, 163.
Where each of the litigating parties
claims a right to demand wharfage for
the use of a public wharf, for the ust
of which no toll can be demanded, they
must both of them be perpetually en-
joined from collecting wharfage. — The
Wharf case, 380, 384.
After an appeal had been taken, the
plaintiff, on dismissing his appeal, al-
lowed to amend his bill, on which a
new injunction was granted on terms.
— McKim v, Odom, 413.
An injunction granted to stay trespass,
there being no then depending suit to
try the right, dissolved OD the coming
in of an answer which denied the tres-
pass, and alleged that the acts com-
plained of were done on his the defen-
dant's own land. — Stewart v. Chew,
441.
On the filing of a bill the defendant may
instantly fwit in his answer, so as there-
by to prevent the granting of an in-
junction.— Hall v, McPherson, 531,


 
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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 685   View pdf image (33K)
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