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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 654   View pdf image (33K)
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654 INDEX.—3 BLAND.

BANKRUPTCY AND INSOLVENCY.—Continued.

2. A discharge under the insolvent law of a party to a pending suit, does
not operate as an abatement; but the suit becoming thereby defec-
tive, the defect must be removed before the suit can be allowed to
proceed. Ib.
See CORPORATION, 14.

DEBTOB AND CREDITOR, 36.
BILL OF DISCOVERY.

1. The nature of a bill of discovery. Price v. Tyson, 390.

2. A defendant in answering a bill of discovery may set forth any per-
tinent matter in avoidance. Ib.

3. In general, no matter stated by way of answer which affords such
information as the bill calls for, or which may be needful as a de-
fence can be deemed impertinent. Nor can any matter which is per-
tinent to the case be deemed scandalous. Ib.

4. The legality of evidence, brought out by a bill of discovery, must be
determined by the Court of common law for whose use the discovery
was made. Ib.

See ACCOCST.

BOND.

See LIEN, 18, 19, 20.

CANAL.

See RIGHT OF WAY, 1.

CONDEMNATION OF LAND.

1. At common law an inquisition under a writ of ad quod damnum must
be taken before the property of a citizen can be entered upon and
taken from him for a public use. Compton v. Susquehanna R. R. 384.

2. Under the Acts incorporating road and canal companies, unless other-
wise provided, the damages may be assessed either before or after
the property has been taken; except where, by an admixture, the
value would be so obscured as to prevent the jury from making a
fair valuation from their own view. 1 b.

3. But no unreasonable delay or fraud in taking the inquisition will be
suffered. Ib.

CONSTITUTIONAL LAW.

See WHARF AND WHARFAGE, 4.

CONTRACT.

See PRACTICE, 3.

CORPORATION.

1. Three kinds of corporations, in reference to their objects; the nature
of each considered. McKim v. Odom, 403.

2. Public corporations, having neither power nor property for the pur-
poses of personal aggrandizement, can only be considered as auxili-
aries of the Government, and consequently as the deputy trustees
and servants of the people. Such corporations are subject to the
absolute control of the Government, and the right to establish, alter
or abolish them follows from their character as mere municipal regu-
lations. Ib.

3. How a corporation may sue or be sued; and to what actions it may be
liable. Ib.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 654   View pdf image (33K)
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