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 73
... party pro interesse suo may be ob- tained as a matter of course by the party claiming . But it cannot be granted until after the sequestrators have made a return ; because , till then , it cannot appear to the court what is sequestered ...
... party pro interesse suo may be ob- tained as a matter of course by the party claiming . But it cannot be granted until after the sequestrators have made a return ; because , till then , it cannot appear to the court what is sequestered ...
Page 74
... party objects to the master's finding , the matter should be dis- cussed upon hearing the report . ( p ) Upon the hearing on the report , the court will either make a final order , ( q ) or send it back to the mas- ter to make further ...
... party objects to the master's finding , the matter should be dis- cussed upon hearing the report . ( p ) Upon the hearing on the report , the court will either make a final order , ( q ) or send it back to the mas- ter to make further ...
Page 100
... parties have been subjected . If the adverse party has acquired rights or been subjected to costs by proceedings in the name of a party who afterwards denies the authority of the solicitor or attorney , the courts are in the habit of ...
... parties have been subjected . If the adverse party has acquired rights or been subjected to costs by proceedings in the name of a party who afterwards denies the authority of the solicitor or attorney , the courts are in the habit of ...
Page 192
... party . They may be heard either on a regular motion day , or any day in term . Either party may notice the same for hearing . The party excepting to the report must furnish the necessary papers for the court ; and if he neglects to do ...
... party . They may be heard either on a regular motion day , or any day in term . Either party may notice the same for hearing . The party excepting to the report must furnish the necessary papers for the court ; and if he neglects to do ...
Page 193
... party succeeding as to the major part does not succeed as to all the exceptions , his costs to be allowed against the adverse party can- not be taxed at more than ten dollars . ( k ) Upon the argument of exceptions to a report on ...
... party succeeding as to the major part does not succeed as to all the exceptions , his costs to be allowed against the adverse party can- not be taxed at more than ten dollars . ( k ) Upon the argument of exceptions to a report on ...
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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.