A Treatise on the Practice of the Court of Chancery: With an Appendix of Precedents, Volume 1W. & A. Gould & Company; New York, 1843 - Equity pleading and procedure |
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Page xii
... defendant appears voluntarily , Where defendant is taken upon an attachment , CHAP . VI . THE DEFENCE TO A SUIT . Sect . 1. Proceedings by defendant previous to putting in his defence , Employing a solicitor , Motion to deliver copy of ...
... defendant appears voluntarily , Where defendant is taken upon an attachment , CHAP . VI . THE DEFENCE TO A SUIT . Sect . 1. Proceedings by defendant previous to putting in his defence , Employing a solicitor , Motion to deliver copy of ...
Page 40
... defendant against whom the relief is sought , because a con- plainant cannot always be supposed to be cognizant of the nature of a defendant's interest . ( r ) And even where it is evident , from the na- ture of the case , that the ...
... defendant against whom the relief is sought , because a con- plainant cannot always be supposed to be cognizant of the nature of a defendant's interest . ( r ) And even where it is evident , from the na- ture of the case , that the ...
Page 53
... defendant con- fess that he had been served with a subpoena . ( f ) And so where a per- son made oath that he showed and offered to deliver the subpoena to the defendant , but that he refused to accept it , and did not appear , an ...
... defendant con- fess that he had been served with a subpoena . ( f ) And so where a per- son made oath that he showed and offered to deliver the subpoena to the defendant , but that he refused to accept it , and did not appear , an ...
Page 55
... defendants residing in the same county , liable to the attachment , must be named in one writ . ( z ) How obtained . ] The rule authorizing attachments to issue to compel an appearance of the defendant , contemplates two cases in which ...
... defendants residing in the same county , liable to the attachment , must be named in one writ . ( z ) How obtained . ] The rule authorizing attachments to issue to compel an appearance of the defendant , contemplates two cases in which ...
Page 56
With an Appendix of Precedents Oliver Lorenzo Barbour. a discovery is necessary from the defendant as to the matters of the com- plainant's bill . To obtain an order for an attachment for not answering an affidavit showing the defendant's ...
With an Appendix of Precedents Oliver Lorenzo Barbour. a discovery is necessary from the defendant as to the matters of the com- plainant's bill . To obtain an order for an attachment for not answering an affidavit showing the defendant's ...
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A Treatise on the Practice of the Court of Chancery: With an Appendix of ... Oliver Lorenzo Barbour No preview available - 2015 |
Common terms and phrases
adverse party affidavit allowed amend his bill application appointed bond cause certificate commission commissioners complainant complainant's confessed contempt copy costs counsel course court of chancery cree decree or order deed defendant defendant's demurrer depositions Dick discharge dismissed enrolment entered entitled equity evidence examination exceptions exeat execution facts fendant filed further answer further directions granted guardian ad litem hearing impertinence infant injunction interest interrogatories issue jurat Lord Eldon master master's report Mitf motion ne exeat necessary notice nunc pro tunc oath objection obtained order or decree orig original bill Paige payment person petition of appeal plainant plea pleadings proceed proceedings proper purchaser re-hearing reference rule Russ security for costs served solicitor statute subpoena sufficient suit supra surrogate Swanst sworn taken thereof tion trial unless vice chancellor viva voce witness writ
Popular passages
Page 269 - ... no person duly authorized to practice physic or surgery shall be allowed to disclose any information which he may have acquired in attending any patient, in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician, or to do any act for him, as a surgeon.
Page 44 - That he is the petitioner herein; that he has read the foregoing petition and knows the contents thereof, and' that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Page 407 - ... either : 1. Within the age of twenty-one years ; or, 2. Insane ; or, 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term less than for life ; or, 4.
Page 484 - The master shall be at liberty to examine any creditor or other person coming in to claim before him, either upon written interrogatories or viva voce, or in both modes, as the nature of the case may appear to him to require. The evidence upon such...
Page 389 - ... and that if the judgment be affirmed, he will pay the value of the use and occupation of the property, from the time of the appeal until the delivery of possession thereof, pursuant to the judgment...
Page 269 - ... in the course of professional employment. 3. A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Page 389 - ... during the possession of such property by the appellant, he will not commit, or suffer to be committed, any waste thereon...
Page 146 - When an affidavit is taken before a judge of a court in another State, or in a foreign country, the genuineness of the signature of the judge, the existence of the court and the fact that such judge is a member thereof, must be certified by the clerk of the court, under the seal thereof.
Page 365 - ... proofs, it would necessarily have led to a different result, I will not undertake, on this motion, to decide. It is sufficient to say that the introduction of it would raise a question of...
Page 532 - Any occupant or person in possession of the premises at the time of the commencement of the foreclosure is also indispensable, no matter how or under what circumstances he came into possession.