An Historical Treatise on the Practice of the Court of Chancery of the State of New-York: Containing All the Proceedings of a Suit, as Well in the Court of Chancery, as in the Court for the Trial of Impeachments and Correction of Errors

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J.T. Murden, no. 110 Pearl-Street, 1818 - 650 σελίδες
 

Περιεχόμενα

Bill to marshal securities
54
The writ of subpœna
68
Order made absolute that bill be taken pro confesso
71
Attachment
83
How to proceed as in the case of a defendant absent from this
85
How to proceed against absent or concealed mortgagors
93
Notice of eight days
99
Commission of rebellion
101
Habeas Corpus
102
Endorsement ib 20 Sequestration
103
Process against a corporation
104
Endorsement
105
Defence to a suit
106
demurrable
112
Of pleading
114
In disability of the person
115
Of the answer
117
other
119
The whole answer to be taken together ib 6 If defendant submits to answer ib 7 To answer specially to special charges ib 8 If a fact is charged to be w...
120
Of setting down the cause for hearing on bill and an swer
121
Of hearing the cause on hill and answer
122
The form of the answer
123
Memorandum of the date of issue
125
Of the replication to the defendants answer
126
Of the examination of evidence
128
Before whom and how taken
131
Forms of interrogatories in equity
132
How depositions are to be taken before an examiner
134
Notice to the opposite solicitor of a day being given to produce witnesses
135
Appearance
138
Form of the notice
142
Of examining the credit or competency of a witness
150
Of expediting proceedings in a cause after issue joined
156
Of the case or abbreviated state of the pleadings for the Chan
161
Of enforcing obedience to or the performance of a decree
167
58
170
Notice accompanying a copy of the petition served upon the oppo
173
Proceedings in the court for the trial of impeachments
183
appeal
186
Motion that respondent answer
187
Of the answer to the petition ib 5 Form of order that appellant present the petition ib 6 Form of petition of appeal
188
Form of order to answer the petition
190
Form of the answer
191
Of setting down the cause and of hearing in the Court of Errors
192
mined into
196
Decision of the court
197
Costs on appeal ib 11 Remitting decree of this court to the Court of Chan cery
198
Costs
199
Title and division thereof
200
Taxation of costs
201
Security for costs
202
Staying proceedings till costs in another suit be paid
204
Interlocutory matters under which head will be considered orders motions petitions c
205
Special orders
206
Common orders
207
Motions
208
Special motions
209
Motion for amendment of pleadings and first of the complain
210
Motions for dismissing a bill for want of prosecutionaffidavit
216
General principles on which examinations before a master are
222
The examination and answers of the defendant to
235
34
265
Exceptions to the report
268
Arguing the exceptions
272
Evidence
275
36
281
Reference to report on exceptions to an answer
285
Reference to report on and sell mortgaged premises
303
467
357
Form of the bill
367
do of the answer
369
Special case
387
Attachment
389
Proceeding upon a breach of injunction
403
Decisions thereon
411
Form of the notice of application
415
Form of the commission
419
Oath to be taken by the commissioners
420
do by the clerk
421
Notice of the commissioners in proceeding to the exe cution of the commission
422
Form of the depositions ib 15 Subpoena to testify before the commissioners ib 16 Oath of the bearer of the commission taken by the clerk or a maste...
423
Dedimus potestatem to take an answer abroad
424
Affidavit ib 2 Notice with the names of the commissioners
425
Affidavit of service ib 4 Order of the court on motion
426
Commission ib 6 Instructions to the commissioners
428
Oath to be taken by the bearer of the commission
430
Of idiots and lunatics
431
The Chancellors charge and power in relation to them
432
Affidavit proving their state of insanity
433
Petition to the Chancellor praying for a commission
434
Commission of lunacy
435
Præcipe to the sheriff
436
Directions to the commissioners for executing the com 437 mission
437
Warrant to produce the lunatic 439
439
lunatic
446
Order for committing the person and estate of the Junatic
448
Recognizance entered before the master and his cer tificate thereof
449
Of sundry motions made in sundry cases
451
For the payment of money into court
454
For a defendant a feme covert to answer separately
455
For leave to defend in forma pauperis
456
To stay proceedings till cross bill is answered
457
For the production of deeds
458
To suspend the execution of a decree ib 8 To restrain a creditor from suing at law
459
For leave of a trustee to lease infants estate
460
To confirm a report nisi or make it absolute ib 13 For a purchaser to complete his purchase
461
Mortgages foreclosed under the statute
462
An act in relation to mortgages
463
How the appearance is entered
1
In bar
3
Subpoena for witnesses
10
The inquisition signed by the jury
11
Endorsement
14
Evidence
17
A writ of execution in nature of a ca sa to compel
26
Affidavits
33
Affidavit that the plaintiff had writings but hath lost them
36
Petition of Feme Covert to answer without her husband
45
Notices of Motion
47
Order to stay proceedings on a decree upon filing a bill
59
A bill for a redemption of a mortgage
69
75
75
81
81
An answer and disclaimer
87
Interrogatories
99
Release
108
enlarge publication the commission being returned
129
92
134
50
135
Demurrers
140
285
143
13
148
83
156
Form of a plea
159
C
162

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