| S. Blewett - 1849 - 228 Seiten
...discovery which may enable other courts to give their judgment ; and by preserving testimony, when in danger of being lost, before the matter to which...can be made the subject of judicial investigation. As it is the object of this court to administer direct justice in opposition to technical difficulties,... | |
| 1849 - 734 Seiten
...bill to preserve and perpetuate testimony being to prevent the danger of the loss of such testimony before the matter to which it relates can be made the subject of judicial investigation, it is a rule of courts of equity not to allow such a bill where the matter in controversy can be made... | |
| Alexander Mansfield Burrill - 1851 - 570 Seiten
...TESTIMONY. In practice. The taking of testimony in order to preserve it for future use, as where it is in danger of being lost before the matter to which...can be made the subject of judicial investigation. This is usually done by bill filed in equity for that purpose, and sometimes by proceedings at law.... | |
| Natal Colony (South Africa) - 1856 - 628 Seiten
...the cross-examination, without special leave of the Court. 34. Whenever the testimony of any witness is in danger of being lost, before the matter to which...can be made the subject of judicial investigation, either party, desiring his testimony, shall apply, in term time, to the Court, on motion,— or in... | |
| Natal (South Africa), William James Dunbar Moodie - 1866 - 656 Seiten
...the cross-examination, without special leave of the Court. 34'. Whenever the testimony of any witness is in danger of being lost, before the matter to which...can be made the subject of judicial investigation, either party, desiring his testimony, shall apply, in term time, to the Court, on motion, — or in... | |
| Joseph Story - 1866 - 860 Seiten
...obtain evidence, which may assist the decision of other courts ; and (10.) to preserve testimony, when in danger of being lost, before the matter, to which...can be made the subject of judicial investigation." s § 33. Perhaps the most general, if not the most precise, description of a court of equity, in the... | |
| 504 Seiten
...a bill to perpetuate testimony ? A bill to preserve the testimony of witnesses where such testimony is in danger of being lost before the matter to which...can be made the subject of judicial investigation. (St. s. 1505; Spencer v. Peek, LR 3 Eq. 415; Mitf. Eq. Plead. 148, 149; 2 Daniell's Chanc. Pract. 1752,... | |
| Edmund Powell - 1869 - 786 Seiten
...BILLS TO PERPETUATE TESTIMONY. Where there is a danger that testimony may be lost before the question to which it relates can be made the subject of judicial investigation, the Court of Chancery, following the practice of the civil law, will lend its aid to preserve and perpetuate... | |
| Alexander Mansfield Burrill - 1870 - 674 Seiten
...TESTIMONY. In practice. The taking of testimony in order to preserve it for future use, as where it is in danger of being lost before the matter to which...can be made the subject of judicial investigation. This is usually done by bill filed in equity for that purpose, and sometimes by proceedings at law.... | |
| Joseph Story - 1870 - 914 Seiten
...perpetuate testimony. The object of all bills of this sort is to preserve and perpetuate testimony, when it is in danger of being lost, before the matter to which it relates can be made the subject of judicial investigation.3 Bills of this sort are obviously indispensable for the purposes of public justice,... | |
| |