Commentaries on Equity Pleadings, and the Incidents Thereof: According to the Practice of the Courts of Equity, of England and AmericaC.C. Little & J. Brown, 1844 - 923 páginas |
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Página 59
... discovery in obtaining that relief elsewhere . Perhaps the discovery made might be available by a suit abroad ; and then the same reason would apply against the auxiliary suit , as against the principal suit . ? An exception , might ...
... discovery in obtaining that relief elsewhere . Perhaps the discovery made might be available by a suit abroad ; and then the same reason would apply against the auxiliary suit , as against the principal suit . ? An exception , might ...
Página 60
... discovery to enable him to commence a suit at law ( probably in England ) . The discovery was denied ; and certainly the plaintiff could not have maintained the suit at law in an English Court ; and if he meant to institute it in the ...
... discovery to enable him to commence a suit at law ( probably in England ) . The discovery was denied ; and certainly the plaintiff could not have maintained the suit at law in an English Court ; and if he meant to institute it in the ...
Página 96
... Discovery , by James Wigram , K. C. , p . 199 ) must show , that he has an interest in the documents , the ... discovery of all matters which are material to his case . The word material ( Points on the Law of Discovery , p . 65 ) is ...
... Discovery , by James Wigram , K. C. , p . 199 ) must show , that he has an interest in the documents , the ... discovery of all matters which are material to his case . The word material ( Points on the Law of Discovery , p . 65 ) is ...
Página 319
... discovery , and , as incident thereto , relief is consequent upon that discovery , care must be taken so to frame the Bill and accompanying affidavit , as to bring it clearly within the admitted doctrine and practice of the Court . Thus ...
... discovery , and , as incident thereto , relief is consequent upon that discovery , care must be taken so to frame the Bill and accompanying affidavit , as to bring it clearly within the admitted doctrine and practice of the Court . Thus ...
Página 339
... Discovery . It has been truly said , that every Bill for relief is in reality a Bill of Discovery , since it asks from the de- fendant an answer upon oath , as to all the matters charged in the Bill , and seeks from him a discovery of ...
... Discovery . It has been truly said , that every Bill for relief is in reality a Bill of Discovery , since it asks from the de- fendant an answer upon oath , as to all the matters charged in the Bill , and seeks from him a discovery of ...
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Términos y frases comunes
abatement admitted alleged Anst answer Ante assets assignees Attorney-General averment Beames Beavan behalf Bill of Discovery Bill of Review Bill of Revivor Bill was brought Calvert on Parties cause Chancery charge circumstances cited claim compel Cooper Court of Chancery Court of Equity creditors Cross Bill debt decree defective defendant demurrer distinct doctrine entitled executor facts fendant file a Bill fraud Gilb ground Hare on Discov heir Ibid interest Interpleader interrogatories Jeremy jurisdiction Jurisp justice Lefr legatees litigation Lord Cottenham Lord Eldon Lord Hardwicke Lord Redesdale Madd matter misjoinder Mitf mortgage mortgagor multifariousness Mylne & Craig nature necessary parties objection original Bill overruled Paige persons plaintiff plea in bar plead Post prayed proceedings proper parties properly relief rule Russ seems statute Story on Eq Suit in Eq supplemental Bill tenant testator tion trust Vern Wyatt Younge & Coll
Pasajes populares
Página 671 - Every defendant may swear to his answer before any justice or judge of any court of the United States, or before any commissioner appointed by any circuit court to take testimony or depositions, or before any master in chancery appointed by any circuit court, or before any judge of any court of a State or Territory, or before any notary public.
Página 153 - ... in the same manner and to the same extent as the executors or administrators in suits concerning personal estate represent the persons beneficially interested in such personal estate, and in such cases it shall not be necessary to make the persons beneficially interested under the...
Página 631 - A defendant shall be at liberty, by answer, to decline answering any interrogatory, or part of an interrogatory, from answering which he might have protected himself by demurrer ; and he shall be at liberty so to decline, notwithstanding he shall answer other parts of the bill, from which he might have protected himself by demurrer.
Página 34 - Every bill shall contain the signature of counsel annexed to it, which shall be considered as an affirmation on his part that, upon the instructions given to him, and the case laid before him. there is good ground for the suit, in the manner in which it is framed.
Página 254 - If the object of the suit be single, but it happens that different persons have separate interests in distinct questions which arise out of that single object, it necessarily follows that such different persons must be brought before the Court, in order that the suit may conclude the whole...
Página 259 - To lay down any rule applicable universally, or to say what constitutes multifariousness, as an abstract proposition, is, upon the authorities, utterly impossible. The cases upon the subject are extremely various; and the Court, in deciding them, seems to have considered what was convenient in particular circumstances rather than to have attempted to lay down any absolute rule.
Página 300 - The right of a plaintiff in equity to the benefit of the defendant's oath, is limited to a discovery of such material facts as relate to the plaintiff's case, — and does not extend to a discovery of the manner in which the defendant's case is to be established, or to evidence which relates exclusively to his case.
Página 220 - If a defendant shall, at the hearing of a cause, object that a suit is defective for want of parties, not having by plea or answer taken the objection, and therein specified, by name or description, the parties to whom the objection applies, the Court, if it shall think fit, shall be at liberty to make a decree saving the rights of the absent parties.
Página 56 - By this means, the court is enabled to make a complete decree between the parties, to prevent future litigation by taking away the necessity of a multiplicity of suits...
Página 374 - ... in time after the decree, and not any new proof which might have been used when the decree was made: nevertheless, upon new proof, that is come to light after the decree made, and could not possibly have been used at the time when the decree passed, a bill of review may be grounded by the special license of the court, and not otherwise.