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THE

RULE OF EX PARTE WARING.

BY

ARTHUR CLEMENT EDDIS, B. A.,

OF LINCOLN'S INN, BARRISTER-AT-LAW.

LONDON:

STEVENS AND SONS, 119, CHANCERY LANE,
Lab Publishers and Booksellers.

1876.

LONDON

STEVENS AND RICHARDSON, PRINTERS, 5, GREAT QUEEN STREET,

LINCOLN'S-INN-FIELDS, W.C.

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THE RULE OF EX PARTE WARING.

CHAPTER I.

THE rule of Ex parte Waring a which was laid down by Lord Eldon in the year 1815 has ever since been held as an established principle in Equity.

The cases to which it has been applied, especially in recent times, have been of very frequent occurrence; have arisen under varied circumstances; and have sometimes involved considerable difficulty.

I have thought that it might be useful to collect these cases in chronological order, so as to trace the successive stages through which the rule has passed from its earliest establishment down to the present time.

This may be of more practical importance as, under the recent Judicature Acts, this rule (being one of the rules of Equity) may have to be applied by all the Divisions of the High Court of Justice.b

a 19 Ves. 345; s. c. 2 Gl. & Jam. 404; 2 Rose, 182.
36 & 37 Vict., c. 66, s. 25, sub-s. 11.

B.

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