A Selection of Cases Illustrating Equity Pleading And Practice With Definitions
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Jr. , 277; Thomas v. Frazer, 3 Ves. Jr. , 399; Burn v. Burn, 3 Ves. Jr. , 573 ; Stephenson v. Chi. Swell. 3 Ves. Jr. , 566.
In cases where a suit is brought against executors on other grounds, it seems clear that the rule that all surviving co- obligors should be parties in general prevails. 2 Vent. , 348 ; 3 Atk. , 406. Shall it be permitted to prevail, where no relief can be given against the co-obligors? Shall a cer- tificated bankrupt, who is a surviving partner, be joined with the executor...s, although no remedy can be effectually had in the suit against him? No authority has been adduced exactly in point. The case of Ashurst v. Eyre, in 2 Atk. , 51, was supposed at first to support the affirmative ; but it is very clear, upon a further examination of that case, as corrected in 3 Atk. , 341, that no such question could have occurred, as the parties appear all to have been solvent. There is obviously a mistake in what is imputed to Lord Hardwicke in speaking of this case in 3 Atk. , 406.
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You can find similar books in the "Read Also" column, or choose other free books by E Richard Eli Richard Shipp to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Jr. , 277; Thomas v. Frazer, 3 Ves. Jr. , 399; Burn v. Burn, 3 Ves. Jr. , 573 ; Stephenson v. Chi. Swell. 3 Ves. Jr. , 566.
In cases where a suit is brought against executors on other grounds, it seems clear that the rule that all surviving co- obligors should be parties in general prevails. 2 Vent. , 348 ; 3 Atk. , 406. Shall it be permitted to prevail, where no relief can be given against the co-obligors? Shall a cer- tificated bankrupt, who is a surviving partner, be joined with the executor...s, although no remedy can be effectually had in the suit against him? No authority has been adduced exactly in point. The case of Ashurst v. Eyre, in 2 Atk. , 51, was supposed at first to support the affirmative ; but it is very clear, upon a further examination of that case, as corrected in 3 Atk. , 341, that no such question could have occurred, as the parties appear all to have been solvent. There is obviously a mistake in what is imputed to Lord Hardwicke in speaking of this case in 3 Atk. , 406.
What to read after A Selection of Cases Illustrating Equity Pleading And Practice With Definitions?
You can find similar books in the "Read Also" column, or choose other free books by E Richard Eli Richard Shipp to read onlineMoreLess
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