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, 1818 - 650 σελίδες
 

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Περιεχόμενα

Rules and orders of the court
13
terrogatories
14
sixty miles
17
Terms of the court
18
Cases of injunction excepted ib 3 A bill must call all the necessary parties before the court 4 A bill is to be fairly and legibly written 5 Paper may ...
19
Division of bills
22
Definition of bills 11 An original bill º 12 Bill of interpleader
23
Bill of certiorarinot in use here 14 Bill to perpetuate testimony of witnesses
33
Bill of discovery
34
Bill of quia timet
36
Bill of peace
37
Bill of information
39
Supplemental bill
40
Equity of redemption
56
The writ of subpoena
68
Attachment
81
fendants appearance
86
How to proceed as in the case of a defendant absent from this state c
87
How to proceed against absent or concealed mortgagors ib Of the remedy against the defendant by alias and pluries at tachments
95
Commission of rebellion ib 4 The defendant taken
97
Distringas ib 8 Alias and pluries ib 9 Complainants bill taken pro confesso
98
Notice of eight days
99
Attachment ib 14 Endorsement ib 15 Attachment and proclamation ib 16 Endorsement
101
Habeas Corpus
102
Endorsement s ib 20 Sequestration
103
Process against a corporation
104
Endorsement
105
Defendants appearance entered ib 2 Demurrer without oath and signed by solicitor
106
Of pleading
114
Of the answer
117
of the replication to the defendants anmer
126
Depositions to be read by the examiner 13 When a witness refuses to attend to be examined 14 Form of a subpoena to testify before the examiner 15 ...
128
filed c
140
A witness once examined before an examiner
141
y of the examination c ib 22 Form of the notice
142
Showing a witness dispensed with ib 24 Form of depositions
144
Of passing publication
146
Amending deposition of witnesses ib 26 Of examining the credit or competency of a witness I 50
151
Of the examination of a witness de bene esse
152
Of the examination of a witness viva voce at the hear ing of the cause
154
of expediting proceedings in a cause after issue joined
156
Of setting down the cause
158
Of the case or abbreviated state of the pleadings for the Chan
161
Of enforcing obedience to or the performance of a decree
167
Yotice 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
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
JMotions
208
Special motions
209
Jſotion 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
Time of making public the testimony
250
Arguing the cause before the master
255
Settling the draft of the report
256
Signing the report
258
Exceptions to the report
268
Arguing the exceptions
272
Reference of bill for scandal or impertinence
301
Reference to report on and sell mortgaged premises S03 1 Of obtaining such reference and proceedings thereon ib 2 Form of order of reference
303
do of masters report of amount due
306
A do of affidavit of regularity
308
do of order of sale of premises
310
Sales before the master
312
Statues resper such sales
314
Filing the mortgage with the register before
321
Of the appointment of guardian for infants
328
Of the appointment of guardians to sell infants property
334
fants for their maintenance c
354
Divorces tº
356
Form of the bill
367
47
369
Feigned issue
373
48
377
49
385
Special case
387
To protect the enjoyment of chattels
390
50
393
To restrain the infringement of patents
396
To stay proceedings on power of sale in a mortgage ib XIV For the enjoyment of a privilege
402
Proceeding upon a breach of injunction
403
Continuing injunctions ib Dissolving injunctions ib When irregularly obtained
406
Perpetual injunction ib Writ of injunction
407
We exeat republica e
408
Form of the writ
414
Dedimus potestatem to take the testimony of witnesses A15 1 How and by whom issued ib 2 Notice of application ib 3 Notice of joining in the co...
415
commissioners
416
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 mast...
423
Dedimus potestatem to take an answer abroad
424
of idiots and lunatics
431
The Chancellors charge and power in relation to them
432
Affidavit proving their state of insanity
433
s Petition to the Chancellor praying for a commission
434
Commission of lunacy
435
Pracipe to the sheriff
436
Directions to the commissioners for executing the com mission
437
Warrant to produce the lunatic e
439
Of sundry motions made in sundry cases 1 To appoint a receiver 2 For the payment of money into court 3 For a defendant a feme covert to answer ...
451
Aſortgages foreclosed under the statute I
462
An act in relution to mortgages I Mortgages to be registered power of sale II Where there are several mortgages the first registered to have a prefere...
463
1ttachment 84
1
Number of commissioners to execute the commission
4
set the same down for argument
5
Subpoena for witnesses 440
10
The inquisition signed by the jury
11
Evidence
17
a Rule 47
23
iſſidavits
33
Petitions
41
Notices of Motion
47
Orders
53
Bills 61
61
Answers
81
Pleas
89
Interrogatories
99
suant to the decree made in the cause 10
105
In disability of the person 115
115
Absolute decds in terms yet subject to a defeasance shall 443 446 448
137
52
141
Fee Bill 110
145
Form of the order 159
147
A80 463
153
57
157
In bar ib 4 Form of a plea
159
68
165
464
166

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