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

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

Περιεχόμενα

Terms of the court
18
Bill of interpleader
31
Bill of peace
37
Bill in the nature of a bill of review
46
Bill to marshal securities
54
The writ of subpæna
68
Defendants privilege should the complainant not pro
73
22
77
Attachment
83
Form of the bond to be given conditioned for the
84
How to proceed against absent or concealed mortgagors
93
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
Notice of eight days
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 bill 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
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
Notice accompanying a copy of the petition served upon the oppo
173
Proceedings in the court for the trial of impeachments
183
Of setting down the cause and of hearing in the Court of Errors
192
cery
198
Staying proceedings till costs in another suit be paid
204
Appearance
207
Motions for the amendment of a plea
210
Motions for dismissing a bill for want of prosecutionaffidavit
216
Time of making public the testimony 250
224
Arguing the cause before the master
255
Settling the draft of the report
256
Objections to the draft of the report
257
Signing the report
258
Reference to report on exceptions to an answer
285
Reference of bill for scandal or impertinence
301
Reference to report on and sell mortgaged premises
303
do of masters report of amount due
306
do of affidavit of regularity
308
do of order of sale of premises
310
Sales before the master
312
Reference to a master concerning the custody of children on
326
Of appointment of a guardian ad litem
332
do of guardians deed for the premises
347
Divorces
356
Form of the bill
367
Special case
387
To protect the enjoyment of chattels
390
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
Writ of injunction 407
407
Certificate
408
Dedimus potestatem to take the testimony of witnesses
415
commissioners
416
Form of the depositions
422
Of idiots and lunatics
431
Recognizance entered before the master and his cer
449
Rule for attachment
455
Mortgages foreclosed under the statute
462
Form of the order
1
All defendants in a cause to be named in the same
3
Order
4
Endorsement
14
do of the answer
25
Affidavits
33
Affidavit of serving a writ of execution of a decree upon
37
Notices of Motion
47
Orders
53
Order to stay proceedings on a decree upon filing a bill
59
66
66
A bill for a specific performance of an agreement for
73
An answer to a bill of foreclosure
84
Demurrers
93
Interrogatories
99
Release
108
433
129
72
132
Petition to the Chancellor praying for a commission
137
Reference to a master to examine and state an account
143
Statues respecting such sales 314
153
In bar ib 4 Form of a plea
159
Defendant refusing to cause his appearance to be
160
ings thereon
161

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Δημοφιλή αποσπάσματα

Σελίδα 447 - Now if there be no lawful cause to obstruct the said marriage then the above obligation to be void, else to remain in full force and virtue.
Σελίδα 263 - If the payment exceeds the interest, the surplus goes toward discharging the principal, and the subsequent interest is to be computed on the balance of principal remaining due. If the payment be less than the interest, the surplus of interest must not be taken to augment the principal; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due, and then the surplus is to be applied toward discharging the principal; and interest is to...
Σελίδα 349 - ... and assigns, make, do, and execute, or cause to be made, done, and executed, all and every such further and other lawful and reasonable acts...
Σελίδα 347 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof...
Σελίδα 81 - Justice wheresoever the said Court shall then be, there to answer to us, as well touching a contempt which he it is alleged hath committed against us, as also such other matters as shall be then and there laid to his charge...
Σελίδα 321 - ... together with all and singular the rights, members, privileges, hereditaments and appurtenances to the same belonging or in any wise appertaining. To have and to hold the said...
Σελίδα 419 - You shall, according to the best of your skill and knowledge, truly, faithfully, and without partiality to any or either of the parties in this cause, take the examinations and depositions of all and every witness and witnesses, produced and examined by virtue of the commission hereunto annexed, upon...
Σελίδα 44 - No bill of review shall be admitted, or any other new bill, to change matter decreed, except the decree be first obeyed and performed : as, if it be for land, that the possession be yielded ; if it be for money, that the money be paid ; if it be for evidences, that the evidences be brought in ; and so in other cases which stand upon the strength of the decree alone. 4. But if any act be decreed to be done which extinguisheth the parties...
Σελίδα 468 - Usual way, that then the mortgagee shall re-convey the estate to the mortgagor : in this case the land, which is so put in pledge, is by law, in case of nonpayment at the time limited, for ever dead and gone from the mortgagor ; and the mortgagee's estate in the land is then no longer conditional, but absolute. But so long as it continues conditional, that is, between the time of lending the money and the time allotted for payment, the mortgagee is called tenant in mortgage.
Σελίδα 111 - These defendants by protestation not confessing or acknowledging all or any of the matters in and by the said bill set forth and complained of to be true in manner and form as the same are therein and thereby set forth and alleged...

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