13 To stay proceedings on power of sale in a mortgage

ib

After verdict the amount thereof and of costs must be de-

To stay trial at law, when to be taken out, and what deposits
to be made

392

Order to be entered with the register or assistant register be-
fore the injunction issues

393

Decisions on injunctions to stay proceedings at law

393

INQUIRY,

See Feigned Issue.

INTEREST,

Calculation thereof

When simple and when compound interest is allowed

Rule for casting interest where partial payments are made

263

263, 264
265

Master's report of amount of interest and principal due on

Examiner's certificate of interrogatories being filed

Interrogatories of the complainant for the examination of de-

fendant

Form thereof

For the examination of witnesses before a master

306

31

399

132

134

ib

135

136

140

230

232, 233

252

254

418

ib

Ap. 99

Cross interrogatories before a master

Interrogatories to accompany a commission to take the testi-

mony of witnesses

Copies of them to be administered to witnesses

Form of interrogatories for examining of witnesses for proving
a deed and bond

Form of interrogatories for the examination of witnesses on

behalf of a defendant for proving the execution of
bonds, &c.

Ap. 101

To examine creditors

Ap. 103

For the complainant's examination pursuant to a decree
In the case of a seaman who died intestate, &c.

Ap. 105

Ap. ib

To prove the marriage of the complainant from the re-

As to the circumstances of the deceased

See The examination of Evidence—Taking testimony before
the Examiner---and Dedimus Potestatem to take the tes-
timony of witnesses.

Ap. ib

Note of issue, and notice to the register to set down the cause

J.

JOINING IN COMMISSION,

See Notice of joinining in the commission to take the testimony
of witnesses

Defendant's privilege should the complainant not proceed in
the commission

JUDGMENT,

JURISDICTION, Concurrent

This court has concurrent jurisdiction with courts of common
law in all matters of account

So it has when the remedy at law is doubtful

So if the subject matter of the bill be such as the court may
take cognizance of the contract, or if the defendant does not
demur

If Chancery gains jurisdiction of a cause for one purpose, it
may retain it generally

Jurisdiction, General

418

421

163

1

1

ib

ib

2

This court has general jurisdiction over fraud, trust, and ac-
count, &c.

So in awarding partition

So where the litigation at law as to title is oppressive
So it may order a bond or other instrument to be delivered up
and cancelled

This court ordered a bond to be delivered up, conditioned to
pay a certain sum, and on which a certain suit at law was
pending

Where the intention is manifest this court will always relieve
against mistakes in agreements
When this court has acquired cognizance of a suit for the pur-
pose of discovery on injunction, it will in most cases of ac-
count, &c.

ib

ib

After judgment on execution and sale under a mortgage bond
the court will not open the account on the mortgage, though
their be some irregularity in the accounts, if, from the whole
they appear to be finally closed

ib

Where a party in an action at law, had notice of a defence in
time to avail himself of it, but neglected to do so, he will
not be allowed to litigate the matter in chancery, but is for
ever concluded by the judgment

The court of chancery will not relieve a party on the ground
of his having proceeded to trial at law without sufficient
evidence &c.
Where bail having become fixed law, are under the equity
of the case entitled to be discharged

ib

This court, will grant an injunction to secure the enjoyment
of statute privileges

So to restrain the owners of a steam boat while in pposition
So a bill may be filed to prevent a multiplicity of suits at law
Mere inadequacy of price not a ground of relief

The acts of an infant if done even with the consent of his
guardian, will be relieved against &c.

In the case of the sale of lands held adversely, equity will not
interfere

ib

Where law gives a priority, equity will not destroy it
Where a creditor applies by petition &c. the master to deter-
mine the priority

ib

415

An indemnity against a mere parol receipt and agreement
will not be decreed, &c.

This court will not grant relief on a stale demand
A court will decree a specific performance of a contract
The inability of the vendor to make a good title &c. does not
authorize a court of equity to rescind the agreement &c.
The alienage of the vendee how far it will be a ground of re-
scinding a contract for the sale of lands

5,6

Where the parties have not an adjudged remedy at law
Under what circumstances a specific performance will be de-
creed

6

ib

How far the English Courts of equity entertain a bill for a
specific performance.

ib

How far this court will interfere in case of lands confiscated to
a state

ib

He who asks for a specific performance must be in a condition
to perform &c.

Vendee not bound to take a defective title

How much time is material in the enforcing a specific perfor-

mance

ib

In what cases the court will grant an issue of quantum damni-
ficatus

In order to obtain a specific performance of a contract, &c.
Who seeks a specific performance must show he has per-
formed or offered to perform

Cases where a court of equity will not claim a specific perfor-

mance

ib

The court will, if practicable execute an uncertain agreement
by rendering it certain

8

JURISDICTION, SPECIAL,

The chancellor may permit a corporation in certain cases to
sell real estate

ib

To direct the mode of trial in cases of adultery

ib

To receive and report certain revenue in cases of religious
corporations acquiring additional property

To direct sales to be made of real estate of infants for their
maintenance in certain cases

To direct the sale of lands and appoint guardians for infants
To make orders relative to the custody and education of chil-
dren on the separation of their parents

ib

ib

To cause the minutes of the court to be transcribed

To cause an additional seal for the middle district
To designate taxing masters

To prescribe the form of the process to be used in his court 9
Where the chancellor is a party

ib

ib

ib

To appoint commissioners to take affidavits &c.

LEGACIES,

See General Jurisdiction

LUNATICS AND IDIOTS,

See Idiots and Lunatics.

M.

MAINTENANCE,

Allowed in certain cases of divorce

Chancellor's powers in relation to the sales of real property

of infants for their maintenance

360. 2.8

353

To set down in the margin copies of pleadings furnished by
him, &c.

Ap. 32

See References to a Master.

When a master shall sell mortgaged premises in pursuance of