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 - Court rules - 650 pages

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Contents

Division of bills
22
Definition of bills 11 An original bill
23
Bill of interpleader
31
Bill of certiorarinot in use bere 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
Bill in the nature of a bill of review
46
Bill impeaching the decrees of the court on the ground of fraud
47
Bill to carry decrees into execution
48
Bill in the nature of a bill of revivor
49
Bill in the nature of a supplemental bill
50
Bill to suspend the operation of decrees 30 Bill fled by the particular direction of the court 31 Bill for dower or a partition 32 Bill to marshal securities
54
Equity of redemption
56
The form of a bill of foreclosure
59
The writ of subpæna 1 Patent c under the seal of the court 2 Number of names in each subpena 3 When tested and returnable 4 The time of serving it...
68
Appearance Title and division thereof
71
Attachment
81
fendants appearance
84
How to proceed as in the case of a defendant absent from this state
85
Affidavit proving the absence of the defendant 2 Order requiring him to appear and answer 3 Aſter the expiration of six weeks to enter an order to ta...
87
How to proceed against absent or concealed mortgagors
93
of the remedy against the defendant by alias and pluries at tachments 1 Non est inventus on an alias and pluries attachment 2 Attachment with procla...
95
Commission of rebellion
101
Habeas Corpus
102
Endorsement ib 20 Sequestration
103
Distringas
104
Endorsement
105
Defence to a suit
106
of pleading
114
In disability of the person
115
of the answer
117
other
119
If a fact is charged to be within the defendants per sonal knowledge
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
Demorandum of the date of issue
125
Of the replication to the defendants answer
126
Of the examination of evidence
128
produce witnesses
135
Of passing publication
146
Feigned issue
150
Of the decree of the court
163
Of rehearing
169
Practice and proceedings on appeals before the cause
177
Proceedings in the court for the trial of impeachments
183
Of setting down the cause and of hearing in the Court of Errors
192
Of the examination of a witness de bene esse
202
Common orders
207
Form of an order for an issue of quantum damnificatus
373
Special case
387
Serving an injunction
402
Ne exeat republica
408
Form of the commission
419
Oath to be taken by the commissioners
420
do by the clerk 1
421
Form of the depositions
422
Subpæna to testify before the commissioners 16 Oath of the bearer of the commission taken by the clerk or a master at the time of delivering it
423
Dedimus potestatem to take an answer abroad
424
Affidavit jb 2 Notice with the names of the commissioners
425
Order of the court on motion
426
Commission ib 6 Instructions to the commissioners 228
428
Oath to be taken by the bearer of the commission
430
Of idiots and lunatics
431
The Chancellors charge and power in relation to them
432
Affidavit proving their state of insanity
433
Petition to the Chancellor praying for a commission
434
Commission of lunacy
435
Præcipe to the sberiff
436
mission tui
437
Warrant to produce the lunatic
439
Subpoena for witnesses ii
440
Of sundry motions made in sundsy cases
451
To stay proceedings till cross bill is answered
457
An act in relation to mortgages
463
Where the service of the subpoena is personal and the de fendant appears 1 How the appearance is entered
1
2 Notice thereof
2
Complainants bill taken pro confesso
9
Notice of eight days
10
Affidavit of the service of the subpæna
11
Rule for attachment
12
Attacbment
13
Endorsement
14
Attacbment and proclamation
15
Endorsement
16
Affidavits
33
Affidavit of serving a writ of execution of a decree upon
37
Notices of Motion
47
Orders
53
Bills
61
68
68
72
72
A bill to revive and amend
75
Pleas
89
A demurrer for want of parties and for want of an affida
94
Release
108
is entered
112
ib
129
101
136
Of setting down the cause
146
Form of a plea
159

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Popular passages

Page 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.
Page 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...
Page 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...
Page 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...
Page 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...
Page 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...
Page 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...
Page 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...
Page 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.
Page 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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