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 xxx
... necessary that all the answers be in , Upon what grounds motion may be made , As to sufficiency and effect of answer , 639 639 640 Affidavits , & c . upon motion , Cause against dissolving , ...... Hearing of motion , Renewing motion ...
... necessary that all the answers be in , Upon what grounds motion may be made , As to sufficiency and effect of answer , 639 639 640 Affidavits , & c . upon motion , Cause against dissolving , ...... Hearing of motion , Renewing motion ...
Page 38
... necessary to pray process against per- sons who are charged to be out of the jurisdiction of the court ; but it is the practice , where any of the defendants are out of the jurisdiction , for the plaintiff to state the fact and to pray ...
... necessary to pray process against per- sons who are charged to be out of the jurisdiction of the court ; but it is the practice , where any of the defendants are out of the jurisdiction , for the plaintiff to state the fact and to pray ...
Page 41
... necessary to be shown in the cause . ( d ) To which may be added that any unnecessary allegation bearing cruelly upon the moral character of an individual is also scan- dalous . ( e ) Impertinence is the same kind of fault in pleadings ...
... necessary to be shown in the cause . ( d ) To which may be added that any unnecessary allegation bearing cruelly upon the moral character of an individual is also scan- dalous . ( e ) Impertinence is the same kind of fault in pleadings ...
Page 53
... necessary , the sa- fest course is for the complainant to apply in the first instance to the court , by motion , supported by affidavit stating the circumstances , for an order that the particular mode required , may be good service ...
... necessary , the sa- fest course is for the complainant to apply in the first instance to the court , by motion , supported by affidavit stating the circumstances , for an order that the particular mode required , may be good service ...
Page 55
... necessary , to enable the complainant to take the bill pro confesso ; unless there has been an order for adver- tising under the statute . ( a ) An affidavit should , therefore , be made by the person who served the subpoena , showing ...
... necessary , to enable the complainant to take the bill pro confesso ; unless there has been an order for adver- tising under the statute . ( a ) An affidavit should , therefore , be made by the person who served the subpoena , showing ...
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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.