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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Page xiii
... appear above all others to have the greatest claim to merit ; the former on account of the great variety of principles it contains , and the deci- sions to which it refers , and by which it is supported— indeed , it appears to be a book ...
... appear above all others to have the greatest claim to merit ; the former on account of the great variety of principles it contains , and the deci- sions to which it refers , and by which it is supported— indeed , it appears to be a book ...
Page xx
... appear and answer . ib answer , 5. Copy of the order , 2. Certificate of the clerk , or affidavit , 4. Service of a ... appears , but neglects to file his 1. Petition to the Chancellor , 3. Order of the Chancellor , ib ib 74 75 ib 76 22 ...
... appear and answer . ib answer , 5. Copy of the order , 2. Certificate of the clerk , or affidavit , 4. Service of a ... appears , but neglects to file his 1. Petition to the Chancellor , 3. Order of the Chancellor , ib ib 74 75 ib 76 22 ...
Page xxi
... appear and answer , take the bill pro confesso . 87 82 90 ib 3. After the expiration of six weeks , to enter an order to ib 4. Form of the affidavit , 91 5. Order of the court thereon , 92 6. Order to be inserted and published in one or ...
... appear and answer , take the bill pro confesso . 87 82 90 ib 3. After the expiration of six weeks , to enter an order to ib 4. Form of the affidavit , 91 5. Order of the court thereon , 92 6. Order to be inserted and published in one or ...
Page 3
... appear to be finally closed . ( m ) Where a party , in an action at law , had notice of a defence in time to avail himself of it , but neglected to do so , he will not be allowed to litigate the matter in chancery , but is for ever ...
... appear to be finally closed . ( m ) Where a party , in an action at law , had notice of a defence in time to avail himself of it , but neglected to do so , he will not be allowed to litigate the matter in chancery , but is for ever ...
Page 34
... appear that such aid is clearly necessary ; and the discovery natural to the defence ; for where the facts depend on the testimony of wit- nesses , and the court of law can compel their attendance , this court will not interfere . ( b ) ...
... appear that such aid is clearly necessary ; and the discovery natural to the defence ; for where the facts depend on the testimony of wit- nesses , and the court of law can compel their attendance , this court will not interfere . ( b ) ...
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Other editions - View all
An Historical Treatise on the Practice of the Court of Chancery of the State ... D. T. Blake No preview available - 2018 |
A Historical Treatise on the Practice of the Court of Chancery of the State ... Dominick T. Blake No preview available - 2008 |
Common terms and phrases
A. B. Complainant adultery affidavit aforesaid allowed amend annexed appear appointed assistant register bill of complaint C. D. Defendant cause certificate Chan Chancellor charge city and county city of New-York clerk commission commissioners complainant's bill copy costs counsel county of New-York court of Chancery court of equity cree deed Def't demurrer deponent depositions direct dollars doth E. F. Sol'r entered entitled equity examination exceptions execution executors fendant Form further granted guardian hath hearing honorable court I. H. Esq Ibid Idem infants injunction interest interrogatories issue Johns Master in Chancery master's report mortgaged premises motion ne exeat Newland notice oath orator payment petitioner plaintiff plea pleadings prays proceedings reference register or assistant rule solicitor Special Contents stay waste subpoena suit swer sworn taken pro confesso testator therein thereof thousand eight hundred tion unto viva voce witnesses writ
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...