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 44
... hearing be prayed at the bar.1 This , as a general rule , may be true ; but it is not universal . Thus , for example , an injunction will not ordinarily be granted under a prayer for general re- lief ; but it must be expressly prayed ...
... hearing be prayed at the bar.1 This , as a general rule , may be true ; but it is not universal . Thus , for example , an injunction will not ordinarily be granted under a prayer for general re- lief ; but it must be expressly prayed ...
Página 65
... hearing of the cause , the Court may , and , in favor of infants , generally does , order it to stand over , with liberty to amend the Bill.2 § 60. As some check upon the general license to institute a suit in behalf of an infant , if ...
... hearing of the cause , the Court may , and , in favor of infants , generally does , order it to stand over , with liberty to amend the Bill.2 § 60. As some check upon the general license to institute a suit in behalf of an infant , if ...
Página 71
... hearing , if the separate estate consisted of a specific sum recovered and payable , and capable of being secured to the separate use of the wife , I should think , that a decree ought to be made . And in many other cases , I apprehend ...
... hearing , if the separate estate consisted of a specific sum recovered and payable , and capable of being secured to the separate use of the wife , I should think , that a decree ought to be made . And in many other cases , I apprehend ...
Página 85
... hearing ; or , where a man is entitled to the surplus of an estate , under a will , after payment of debts , and is not brought on ; or , where the real estate is to be sold under a will , and the heir at law is not brought on ; in ...
... hearing ; or , where a man is entitled to the surplus of an estate , under a will , after payment of debts , and is not brought on ; or , where the real estate is to be sold under a will , and the heir at law is not brought on ; in ...
Página 86
... will constitute 1 See Scott v . Nicoll , 3 Russ . R. 476 ; Calvert on Parties , 2 , 3 ; Id . 166 ; Id . 187 ; Post , § 200 , 201 . no fatal objection at the hearing or rehearing , or 86 [ CH . IV . EQUITY PLEADINGS .
... will constitute 1 See Scott v . Nicoll , 3 Russ . R. 476 ; Calvert on Parties , 2 , 3 ; Id . 166 ; Id . 187 ; Post , § 200 , 201 . no fatal objection at the hearing or rehearing , or 86 [ CH . IV . EQUITY PLEADINGS .
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Términos y frases comunes
abatement admitted alleged amendment Anst answer Ante apply assets assignee Attorney-General averment Bank of United Barton's Suit Beames 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 defendant demurrer distinct doctrine entitled executor facts fendant fraud Gilb ground Hare on Discov heir Ibid interest Interpleader interrogatories Jeremy jurisdiction Jurisp justice legatees Lord Cottenham Lord Eldon Lord Redesdale lunatic Madd matter misjoinder Mitf mortgage mortgagor multifariousness Mylne & Craig nature necessary parties objection original Bill overruled Paige persons plaintiff pleaded Post prayed prayer proceedings proper parties relief rule Russ statute Story on Eq Suit in Eq supplemental Bill tenant testator tion trust Vern Wigram Younge & Coll
Pasajes populares
Página 843 - 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 54 - 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 859 - If the plaintiff so obtaining any order to amend his bill after answer or plea or demurrer, or after replication, shall not file his amendments or amended bill, as the case may require, in the clerk's office, on or before the next succeeding rule day, he shall be considered to have abandoned the same, and the cause shall proceed as if no application for any amendment had been made.
Página 426 - ... 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.
Página 172 - In all cases where it shall appear to the court that persons, who might otherwise be deemed necessary or proper parties to the suit, cannot be made parties by reason of their being out of the jurisdiction of the court, or incapable otherwise of being made parties, or because their joinder would oust the jurisdiction of the court as to the VOL.
Página 795 - The note at the foot of the bill, specifying the interrogatories which each defendant is required to answer, shall be considered and treated as part of the bill, and the addition of any such note to the bill, or any alteration in or addition to such note after the bill is filed, shall be considered and treated as an amendment of the bill. 43. Instead of the words of the bill now in use, preceding the interrogating part thereof, and beginning with the words "To the end, therefore...
Página 199 - ... devisee or devisees of such debtor, shall be liable to all the same suits in equity at the suit of any of the creditors of such debtor, whether creditors by simple contract or by specialty, as...
Página 160 - I think it the duty of this court to adapt its practice and course of proceeding to the existing state of society, and not by too strict an adherence to forms and rules, established under different circumstances, to decline to administer justice and to enforce rights for which there is no other remedy. This has always been the principle of this court, though not at all times sufficiently attended to.
Página 348 - 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 858 - The plaintiff shall be at liberty, as a matter of course, and without payment of costs, to amend his bill, in any matters whatsoever, before any copy has been taken out of the clerk's office, and in any small matters afterwards, such as...