A Treatise on Equity Pleading and Practice: With Illustrative Forms and Precedents

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Callaghan, 1913 - 1368 Seiten
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Inhalt

Aliepage
9
Suits by and against Sovereigns
10
Infants
15
Suits by and against Married Women
20
Idiots Lunatics and Persons of Weak Mind
22
1b Omission of Personal Representative
23
1c Where Persons are Unknown
24
2 Persons Exceedingly NumerousIn General
25
2a One Suing for All Where Question Is One of Common or General Interest
26
Receivers
27
2c Numerous Parties Having Separate and Distinct Interests
28
Decree Furnishing a Ground to Dispense With Numerous Parties
29
Foreign Corporations
30
Foreign Guardians Conservators Committees eta 17 Foreign Executors and Administrators
31
5 Parties Disclaiming All Interest in the Controversy
32
CHAPTER III
34
Executors and Administrators
35
Converse of General Rule True
36
Exceptions to the General Rule in Regard to Parties
37
Corporations
38
Suit by Stockholder on Behalf of Corporation
39
Classification of Parties
40
Illustrations of Necessary or Indispensable Parties
41
Illustrations of Proper but Not Indispensable Parties
42
Suits Must be Brought in the Name of Real Party in Interest
43
Parties in Cases of Assignments
44
Agents and Other Persons in Similar Relations
45
Bankrupts and Assignees
46
Making Witnesses Parties Defendant
47
Joinder of Complainants
48
Complainants Having Community of Interest
49
Construction of Equity Pleadings
62
Name and Nature of Pleading
63
Defendants to Bills
74
Joinder of Defendants
75
Bringing in New Parties
77
Substitution of Parties
78
Intervention
80
Objection for Want of Necessary Parties
81
Objection Should Point Out Proper Parties
83
Correction on Courts Own Motion 59 Effect of Misjoinder
84
Position of Parties on Record
85
CHAPTER V
90
In General
91
Division of Bills in Equity
92
Divisions of Original Bills
93
Division of Bills not Original
94
67a Table Illustrating Classification of Bills 68 The Several Parts of a BillIn General
95
Form and Illustration of the Several Parts of an Original BIIL
97
The Address of the Bill
101
The Introduction
102
Matters Judicially Noticed
103
The Stating Part
104
Tu Confederating Part of the Bill 74 The Charging Part of the Bill
105
Bills With a Double Aspect
106
The Jurisdiction Clause 76 The Interrogating Part
107
Misjoinder of Causes
108
The Prayer for Relief
109
Prayer for Relief Making Bill Multifarious
110
Multifariousness Resulting from Misjoinder of Complainants
111
Suits in Personal and Representative Capacities
112
Prayer for Process
113
Form of Prayer for Subpoena 80 Form of Prayer for Writ of Ne Exeat 81 Forms of Prayer for Injunction
114
Signing the Bill
115
Swearing to the Bill
116
Bills must Not be Scandalous or Impertinent
117
General Form of Bill
118
Form of Jurat 85 General Rules Concerning BillsCertainty
119
Allegations within and Without Complainant Knowledge 87 Bill Must State Sufficient Facts
126
Amount Involved Must not be Beneath the Dignity of the Court
126
How Parties Described 90 Interest of Parties and Injury to Complainant
126
Offer to Do Equity
127
Excusing Laches
127
Charging Notice
127
Excusing Failure to Join Proper Party 95 Allegations Relative to Mistake or Accident
130
Bill to Open Settled Account 97 Relief against Usury 98 Allegations of Fraud
131
Pleading Documents
132
Allegations on Information and Belief
135
When a Bill may be Taken for Confessed
141
Necessity for Service of Process
142
Necessity of Entry of Rule to Answer
143
Proof of Regularity of Proceedings
144
Pleadings to Sustain Decree Pro Confesso
145
Proof of Bill
146
Reference to Determine Complainants Claims
147
Notice to Defendant
148
Effect of Defense by One of Several Defendants
149
Nature and Effect of Orders Pro Confesso
150
Decrees Pro Confesso
151
Forms of Orders Pro Confesso as Used in Cook County Illinois
152
Effect of Taking a Decree Pro Confesso
153
Effect of Decree Pro Confesso Where There Is No Personal
154
Filing the Bill CHAPTER VI
160
Frame of Subpoena
161
Form of Subpoena
162
Service of Process
163
Service on Persons Under Disability
164
Service on Corporations
165
Service on Prisoner 128 Mode of Service
166
Extraordinary or Substituted Service
168
Constructive Service
169
Effect of Substituted or Constructive Service
170
Return of Service
172
132a Illustration of Form of Return 133 Acceptance of Service
173
Amendment of Return
174
Effect of Return
175
Appearance by Married Women
176
Defective Service
177
Persons Privileged from Service of Process
178
Order of Appointment
179
Processes to Compel Appearance
180
Form of Order Appointing Guardian Ad Litem
181
Appearance by Persons Non Compos Mentis
182
Employing Solicitor
183
Motion to Take Bill From Files
184
Excepting to a Bill for Scandal and Impertinence
185
Form of Exceptions to a Bill for Scandal or Impertinence
186
Motion to Produce Papers
187
Security for Costs
188
Application to Defend as Pauper
189
Decrees by Confession against Infants and Other Persons Un der Disability 156 Opening Orders and Decrees Pro Confesso
198
Imposing Conditions 158 Proceedings to Set Aside Order or Decree Pro Contesso
200
Separate Demurrers
201
Filing Counter Affidavits
202
Setting Aside Orders and Decrees Pro Confesso Discretionary 161 Effect of Vacating Decree Pro Confesso
203
Effect of Amendment of Bill
204
Statutory Provisions for Vacating Decrees Pro Confesso
205
Form of Affidavit in Support of Motion to Set Aside Order Pro Confesso 165 Form of Order Vacating Default and Order Pro Confesso
206
CHAPTER VIII
207
What Constitutes an Appearance
208
General or Special Appearance
209
Triviality of SubjectMatter of Suit
210
Want of Interest or Title in Complainant
211
Time for Appearance 170 Effect of an Appearance
212
Who may Appear
213
Demurrer to Bill to Enforce Penalty or Forfeiture
214
Demurrer for Defects of Form
215
Multifariousness
216
Demurrer for Want of Parties
217
Misjoinder of Parties
218
Frame of Demurrer
219
Forms of DemurrersFor Want of Equity
220
Filing Demurrer
221
Admitting Demurrer
222
Withdrawing Demurrer
223
Form of Order on Withdrawal of Demurrer
224
Demurrer to Amended Bill
225
Setting Down Demurrer for Argument
226
Form of Notice of Argument of Demurrer
227
Hearing on Demurrer
228
CHAPTER X
229
Defenses to Different Kinds of Bills 192 Joinder of Several Defenses
230
Incorporating Demurrer or Plea in Answer CHAPTER XI
231
Overruling Demurrer
232
In General
233
Dismissal of Bill on Motion 196 Who May Demur
235
Demurrer Coupled with Plea or Answer
236
Abandonment or Waiver of Demurrer 199 Admissions by Demurrer
237
Plea may be to Whole or Part of Bill
241
Strictness in Pleas
242
Pleas of Matter Subsequent to the Filing of the BIIL
243
Duplicity in Pleas
244
Filing More Than One Plea
245
Pleas Supported by Answer
246
Plea Overruled or Waived by Answer
247
Frame of Plea
248
Signing and Swearing to a Plea
249
Form of Plea
250
Plea to Part and Answer to Residue of Bill
251
251a Form of Plea Supported by Answer 252 Division of Pleas
252
Division of Pleas to Bills for Relief
253
Declinatory Dilatory and Peremptory Pleas
254
Pleas to the Jurisdiction
255
Pleas to the Person
256
Pleas to the Bill or Frame Thereof
257
Plea of Pendency of Another Suit
258
Plea for Want of Proper Parties
259
Plea of Multiplicity of Suits
260
Plea of Multifariousness
261
Pleas in Bar to a Bill
262
Pleas Founded on Statutory
263
Plea of Statute of Limitations
264
Statute of Frauds
265
Plea of Other Statutes
266
Pleas of Matter of Record
267
Form of Order Overruling Demurrer 234 Taking Demurrer Off the Files
268
Pleas of Matters Purely in Pais
269
CHAPTER XIL PLEAS 235 General Nature of Pleas
270
Different kinds of Pleas 287 Pure Pleas
271
Negative Pleas 239 Anomalous Pleas
272
Plea of Purchase for a Valuable Consideration
273
A Plea of Title in the Defendant
274
Plea of Laches
275
Plea to Amended Bill
276
Time for Filing Plea
277
Withdrawing Plea
278
Replication to the Plea
279
Setting Down Plea for Argument
280
Allowing the Plea
281
Form of Order Allowing Plea
282
Saving Benefit of Plea to the Hearing
283
Ordering Plea to Stand for Answer
284
Form of Order that Plea Stand for an Answer
285
Overruling Plea
286
Reference to a Master
288
Form of Order of Reference
289
Hearing on Plea
290
In General
291
Twofold Nature of Answer
292
Answering Complainants Case
293
What must be Answered
294
Allegations of Fraud
295
Answering Only Own Case
296
Answer as Defense
297
Joinder of Defenses in Answer
298
Defense of Bona Fide Purchase
299
Laches and Statute of Limitations
300
Statute of Frauds
301
Pleading a Statute
302
Usury
303
Other Defenses Proper by Answer
304
Matters Occurring Since the Filing of the Bill
305
Frame of Answer
306
Signing the Answer
307
Swearing to Answer
308
Forms of Orders Concerning Verification and of JuratsOrder to Take Answer without Oath or Signature
309
General Form of Answer
310
Forms of Averments Where Defendant Is Entirely Ignorant with Regard to Statement in Bill
311
Certainty and Positiveness in Answering
312
Answering on Knowledge Information and Belief
313
Denials and Admissions in Answer
314
Responsiveness
315
Impertinence and Scandal in an Answer
316
Joint or Several Answers
317
Answer by Infant
318
Form of General Answer of Infant by Guardian Ad Litem
319
Answer of Persons Non Compos Mentis or Under Physical Dis abilities
320
Answer of an Illiterate Person
321
Answer of a Foreigner
322
Answer of a Corporation
323
Answers by Married Women
324
Answer by Defendant in Contempt
325
Time When Defendant must Answer
327
Answering by Favor of Court
328
Withdrawal of an Answer
329
Taking Answer from the Files
330
Demurrer to Answer Improper
331
Objections to Afirmative Defense
332
Definition and Office of Exceptions
333
Exceptions for Insufficiency
334
When Exceptions for Insufficiency will not
335
Exceptions to Answers to Amended Bills
336
Exceptions for Impertinence and Scandal
337
Frame of Exceptions
338
Form of Exceptions for Insufficiency
339
Form of Exceptions for Scandal and Impertinence
340
When Exceptions should be Filed
341
Waiver of Exceptions
342
Effect of Exceptions
343
Procedure upon Exceptions
344
Form of Order of Reference on Exceptions
345
Form of Report upon Exceptions
346
Form of Exceptions to Masters Report on Exceptions to An swer
347
Order for further Answer on Masters Report
348
Form of Order for Answer on Submission to Exceptions
349
Form of order to Expunge Scandal and Impertinence from An swer on Report of Master
350
Form of Order Expunging Scandal and Impertinence on Sub
351
mission to Exceptions
370
Order for Further Answer
371
CHAPTER XV
374
Form of General Disclaimer
378
CHAPTER XVI
379
Court cannot on its Own Motion Amend Pleadings
380
Discretion of Court as to Amendments
381
Power to Impose Conditions
382
Form of Replication
383
CHAPTER XVII
384
Adoption of Rules
385
Suspension of Rules
386
Construction of Rules 362 Rules Operate Prospectively
387
Amending Rules 364 Proof of Rules
388
CHAPTER XVIII
389
Amendment of Prayer
390
Amendments Making Bills Multifarious not Allowable
391
Form of order that Complainant Elect 367 Form of Election
392
CHAPTER XIX
393
Amendment of Answer 394 Matters Arising Subsequent to Filing the Answer
394
Answer Making New Defense
395
In General
396
Amending Plea
397
Form of order to Pay Money into Courto
398
CHAPTER XX
399
Motions
414
Motions of Course 416 Special or Contested Motions
416
Who may Make a Motion
417
Notice of Motions
418
Proof of Service of Notice
419
Form of Notice of Motion with Proof or Admission of Service
420
In General
421
422 Renewal of Motion
422
Petitions
423
Frame of Petition
424
Notice of Petitions
425
Amendment of Exceptions 401 Amendment of Cross Bill 402 When Application to Amend Bill should be Mado
426
Mode of Applying for Leave to Amend
427
Form of Petition for Leave to Amend
428
Form of Petition to Amend Bill by Adding a Defendant 406 How Amendments are Made
429
Common Orders
430
Verification of Amended Pleadings 408 Form of Amendments to Bill
431
Order to Amend 410 Form of Order Granting Leave to File Amendment to BIIl
432
411 Form of Order for Leave to Amend Answer
433
Frame of Orders
434
Entry of Order Nunc Pro Tung
435
Notice and Service of Orders
436
Orders to Show Cause
437
Enforcement of Orders
438
Effect of Irregular or Void Orders
439
56
446
Stipulations
447
Validity of Stipulations
448
Construction of Stipulations
449
Upon Whom Stipulations are Binding
450
Stipulations Concerning Evidence
451
Frame of Stipulation
452
Form of Stipulation
453
Opening Modifying and Discharging Orden
456
CHAPTER IV
457
Who may Take an Affidavit
459
Frame and Requisites of Afidavit
460
Amendment of Affidavit
465
Admissions of Record
471
Form of Order Appointing Receiver on Foreclosure of Mortgage
472
Renewal of Application for Receiver
473
CHAPTER XXV
474
Receivers Bond
475
Form of Order of Consolidation
476
CHAPTER XXVI
477
Asserting Claims against Receiver
478
CHAPTER XXVII
479
When a Receiver will be Appointed
480
Discharge of Receivers
481
Who may be Receivers
482
In General
483
Requisites of Bill 463 Form of Bill for Receiver
484
When the Writ may be Applied
485
At What Stage Receiver Appointed
486
How to be Applied
487
Form of Motion 467 Necessity of Notice
488
Form of Notice of Motion for Appointment of a Recelver
489
By Whom Appointed
490
Bond
491
Discharging Ne Exeat
492
Necessity of Giving Notice
506
Form of Motion for Injunction
507
Against Whom Granted
508
Order Granting Injunction
509
Form of Order in Suit for Accounting and Injunction
510
Form of Decree Denying Injunction and Dismissing Bill
511
CHAPTER XXIX
512
Writ of Injunction
513
Different Kinds of Injunctions
514
Preliminary Injunctions
515
Temporary Injunctions
516
General Injunctions
517
Perpetual Injunctions
518
Injunctions not to Issue without BII 500 Staying Proceedings at Law 501 Form of Bill
519
Dissolution for Want of Equity
520
Answer Denying Averments of Bill
521
How Obtained 503 Form of Bill for Injunction to Restrain Wasta
522
Motion to Dissolve by One in Contempt
523
Necessity of Giving Notice of Motion to Dissolve
524
Form of Notice of Motion to Dissolve
525
Affidavits in Support of Motion to Dissolve
526
Considerations Determining Question of Dissolution
527
Effect of Bad Faith in Obtaining Injunction
528
Effect of Laches
529
Order of Dissolution
530
Form of Decree Dissolving Injunction and Dismissing Bill for Want of Equity
531
Dismissal of Bill upon Motion to Dissolve
532
Form of Decree for Perpetual Injunction
533
Notice and Initial Process
544
Dismissal of Bill upon Motion to Dissolve
545
The Writ of Attachment and Bail
546
Form of Writ of Attachment
547
Appearance
548
Answer
549
Purging Contempt
550
Inability to perform Order
551
Form of Answer to Rule to Show Cause
552
Interrogatories and Reference
553
Trial of ContemptsRight to Trial by Jury
554
Form of Petition for an Attachment for Disobeying an Injuno
555
Judgment 556 Form of Order Adjudging Contemnor Guilty
556
Another Form 558 Mode of Punishment
558
Effect of Being in Contempt
559
Review of Contempt Proceedings
560
Dismissal of Unauthorized Suits
561
Dismissal on Motion of Complainant
562
Effect of Agreements Concerning Dismissal
563
Dismissal of Part of a Bill
564
Dismissal by One of Several Complainants
565
Dismissal of Bill by One in Contempt
566
Dismissal of Bill as to Portion of Defendants
567
Costs on Voluntary Dismissal
568
Effect of Voluntary Dismissal
569
Form of Order of Voluntary Dismissal
570
Reinstatement after Voluntary Dismissal
571
Involunta DismissalIn General
572
Dismissal for Want of Prosecution
573
Dismissal of Bill on Motion for Want of Equity
574
Dismissal on Courts Own Motion
575
Dismissal for Defect of Parties
576
Involuntary Dismissal without Prejudice
577
Reinstatement after Involuntary Dismissal
578
Effect of Involuntary Dismissal before Hearing
579
Effect of Involuntary Dismissal on Answer or Cross
580
Effect of Order of Dismissal
581
Power to Order Reference
583
Order of Reference
584
Dismissal of Bill on Motion for Want of Equity
585
Forms of Order of Reference_Generally 586 Another Form
586
Form of Order of Reference as to Alimony
587
Form of Order of Reference to State an Account
588
Changing Master
589
Objections to Reference
590
Who may Attend before Master
591
CHAPTER XXXII
592
Hearing Before Master
593
Scope of Inquiry Before Master
594
Evidence Before the Master
595
Evidence and Examination of Witnesses Before the Master
596
Draft of Report
597
Form of Notice of Draft of Report
598
Frame of Masters Report
599
Form of Report of Testimony and Conclusions Thereon
600
Objections to the Report
601
Frame of Objections
602
Form of Objections to Masters Report
603
Form of Bill for Injunction
604
Filing the Report
605
Returning the Evidence
606
Exceptions to the Masters Report
607
Correcting Exceptions
608
Extending Time to Except
609
Form of Exceptions to Masters Report
610
Conclusiveness of Masters Report
611
Proceedings by the Court upon Masters Report
612
Hearing upon Exceptions
613
Form of Order Confirming Masters Report
614
In General
615
Distinction between Directing Action at Law and Feigned Issue
616
Granting an Issue Discretionary with the Court
617
When an Issue should be Awarded
618
When Issue should be Applied
619
Framing Issues
620
Form of Order for a Feigned Issue
621
Form of Order for Settling an Issue
622
Form of Feigned Issue
623
In what Court Issue Tried 626 Proceedings upon Trial
626
Instructions by the Trial Court
627
Exceptions on Trial of Issue
628
Form of Verdict
629
Certifying the Verdict
630
Power of Court over Verdict
631
Recording Verdict 633 Granting New Trial
633
Effect of a Verdict on First Trial upon the Second Trial
634
Procedure after Verdict
635
CHAPTER XXXIV
636
General Rules of Evidence in Equity
637
Order of Putting in Evidence
638
Judicial Notice
639
Admissions in Pleadings
640
Bill in Another Suit as Evidence
641
Pleas and Demurrers as Evidence
642
Cross Bill as Evidence
643
Answer to Cross Bill
644
Answer as EvidenceIn General
645
Matters of Affirmative Defense
646
Discovery Called for by Bill
647
Effect of Waiving Answer under Oath
648
Answer as Evidence against CoDefendants
649
Answer as Evidence for CoDefendant
650
Effect of Answer under Oath
651
Evidence to overcome a Sworn Answer
652
Answers on Information and Beliet
653
Answer by Corporation
654
Failure to Answer Fully
655
How Answer to be Read
656
Method of Taking Evidence
657
Examinations De Bene Esse
658
Commissions to Take Testimony
659
Suppressing Depositions
667
Attendance of Witnesses
668
Form of Subpoena Ad Testificandum
669
Form of Subpoena Duces Tecum
670
Compelling the Attendance of Witnesses out of the Jurisdiction of the Court
671
Compelling Corporate Oficer to Produce Books CHAPTER XXXV
672
In General
673
Hearing Cause out of Its Order
674
Postponement of Hearing
675
Private Hearing
676
Hearing on Bill and Answer
677
Hearing upon Bill Taken Pro Confesso
678
Hearing on Bill and Cross Bill
679
Hearing of Causes Together
680
Letters Rogatory
681
Form of Letters Rogatory
682
Depositions
683
Answers Depositions and Other Proceedings In Another Cause
684
Form of Order for Cause to Stand Over to Supply Proofs
685
Answers Depositions and Other Proceedings In Another Cause 664 Amendment of Depositions 665 Depositions in Cross Causes
686
Interlocutory Orders
687
Objections at the Hearing
688
Course of Proceedings on the Hearing
689
Reception of Evidence on the Hearing
690
Hearing Additional Evidence
691
Argument of Counsel
692
Dismissal on Final Hearing
693
Mode of Dismissing Bill on Hearing
694
Form of Order Dismissing Bill on Hearing
695
Reopening Cause after Hearing
696
Retaining Bill with Liberty to Bring an Action
697
Form of Order Retaining Bill with Liberty to Bring an Action
698
Decretal Orders
701
Decrees Requiring Further Orders to Complete Them
702
Reservation of Liberty to Apply
703
Decrees by Consent
704
Decrees Pro Confesso
705
Decrees by Default
706
Decrees in Rem and in Personam
707
Decree between CoDefendants
708
Decrees against Infants
709
Infants Day to Show Cause
710
Consent Decrees against Infants
711
Decrees must be Founded on Pleadings and Evidence
712
Who may Take Advantage of Decrees
713
Who Bound by Decrees
714
Frame of Decrees
715
Caption of Decree
716
Recitals in Decrees
717
Facts to Support Decree
718
Ordering Part
719
Declaratory Part
720
Necessity of Signing Decree
721
Form of Interlocutory Decree in Suit for Accounting
722
Form of Decree in Suit for an Accounting
723
Form of Final Decree
724
Drawing Decree
725
Entry and Enrollment
726
Effect of Enrollment or Recording
727
Nunc Pro Tunc Decrees
728
Amendment and Modification of Decrees
729
Power to Modify Manner of Enforcement
730
Applications to Amend or Modify Decrees
731
Opening Decrees
732
Enforcement of a Decree
733
Executions
734
Sequestration
735
Writ of Assistance
736
Execution of Documents
737
Costs out of the Fund
743
Costs out of an Estate
744
How Costs Awarded
745
In General
746
Time for Application
747
When Allowable
748
Rehearing of Default and Consent Decreen
749
Who may Apply for Rehearing
750
How Applied
751
Form of Petition for Rehearing
752
Rehearing Discretionary
753
Withdrawing Petition
754
Hearing on Petition
755
Deposit on Rehearing
756
Stay of Proceedings
757
Form of Order to Stay Proceedings
758
Proceedings upon Rehearing
759
Evidence on Rehearing
760
Costs on Rehearing
761
Sales of PropertyBy Whom Conducted
762
Lien of Decrees
764
CHAPTER XXXVII
766
at Law CHAPTER XXXVI
770
Definition and Nature
772
Requisites to Maintenance
773
When the Bill should be Filed
774
Frame of a Bill of Interpleader
775
Form of Bill of Interpleader
776
Afidavit of Noncollusion
777
Form of Affidavit of Noncollusion
778
Payment of Money into Court
779
Parties
780
Process
781
Taking the Bill Pro Confesso
782
Replication
783
Injunction
784
Form of Order for Injunction on Bill of Interpreader
785
Demurrer
786
Answer
787
Cross BIIL
788
Evidence
789
Hearing and Decree
790
Form of Interlocutory Decree on Bill of Interpleader Directing a Reference
791
Bills in the Nature of a Bill of Interpleader
792
In General
798
Appellate Jurisdiction in England
799
Appealable Orders and Decrees
800
Manner of Taking Appeal
802
Definition and Nature 803 Form of Bill to Take Testimony De Bene Esse
803
Definition and Nature
804
Distinction Between Bill of Discovery and Bill for Discovery and Relief
805
Effect of Appeal 769 Procedure on Appeal
806
Matters of which Discovery may be
807
Determination of Appeal
808
Frame of Bill
809
Waiving Answer under Oath
810
Verification
811
Amending Bill
812
Infants as Parties to Bills of Discovery
813
Form of Bill for Discovery
814
Process upon Bills of Discovery
815
Defenses to Bills of Discovery
816
Demurrers to Bills of Discovery
817
Parties to Supplemental Bills
830
Frame of the Supplemental Bill
831
Form of Supplemental Bill Praying Injunction
832
Another Form of a Supplemental Bill
833
Time of Filing
834
Filing the Bill
835
Form of Bill of Certiorari
836
Form of order to File Supplemental Bill
837
CHAPTER XLIII
838
Demurrer
839
Plea
840
Such Bills not Favored by the Courts 797 Frame of Bill
841
Replication
842
Form of Bill to Perpetuate Testimony
843
Hearing
844
Process and Appearance 800 Defense to Bill to Perpetuate Testimony
845
Dismissing Bill
846
Decree
847
CHAPTER XLIV
849
There must be Matter to be Litigated
850
Form of Bill to Take Testimony De Bene Esso
851
Revival for Costs
852
CHAPTER XLV
853
To Give Effect to Action of Court of Review
854
Distinction Between Bill of Discovery and Bill for Discovery and Relief
855
Who may ReviveBefore Decree
856
Defendant not Entitled to Revive before Decree
857
Who Entitled to Revive after Decree
858
Who may Maintain a Bill of Discovery 807 Matters of which Discovery may be
859
Parties to a Bill of Revivor
860
From Whom Discovery may be
861
Frame of Bill
862
Frame of Bill of Revivor
863
Form of Bill of Revivor against Executors of a Deceased De fendant
864
Filing Bill of Revivor
865
Process
866
Appearance
867
Waiving Answer under Oath
868
Verification
869
Amending Bill
870
Infants as Parties to Bills of Discovery 814 Form of Bill for Discovery
872
Form of order to Plead or Demur to Bill of Revivor
873
Form of order to Revive
874
Process upon Bills of Discovery 816 Defenses to Bills of Discovery 817 Demurrers to Bills of Discovery
875
Form of Order on Complainants Neglecting to obtain Order
876
Pleas to Bills of Discovery
879
Answer to Bill of Discovery
880
Effect of Answer
882
Procedure upon Bills of Discovery
883
Costs on Bills of Discovery
884
Cross Bill for Discovery
885
Supplemental Bill in Nature of Bill of Discovery
886
CHAPTER XLVI
887
Supplemental Bill to Perfect Inchoate Right
892
Original Bill Showing no Ground for Relief
893
827a Must be Germane to Original Bill 828 Change of Interest 829 Supplemental Bill as Defense to Cross Bills and in Avoidance
894
Supplemental Bill as Defense to Cross Bills and in Avoidance
897
Process upon Cross BIII
904
Demurrers to Cross Bill
905
Pleas to Cross Bill
906
Answer
907
Abatement of Original Suit
908
Staying Proceedings on Original Bill
909
Form of order to Stay Proceedings in Original Sult
910
Hearing upon Cross Bill
911
Form of order that Original and Cross Bills be Heard Together
912
Evidence
913
Effect of Taking Cross Bill as Confessed
914
Amending Cross Bill
915
Decree
916
Relation of Bill and Cross Bill
917
Dismissal of Original Bill
918
Definition and Nature 920 When a Bill of Review Lies
920
to Revive
921
On NewlyDiscovered Matter
922
Effect of Previous Bill
923
Lies Only to Final Decree
924
Parties to Bills of Review
925
Bills of Review by Infants
926
Does not Lie Generally to Consent Decrees
927
Pro Confesso Decrees
928
Pending Appeal
929
Complainant must have Performed Decree
930
Acceptance of Benefit of Decree
931
Within What Time to be Brought
932
Frame of the Bill
933
Form of Bill of Review for Errors of
934
Form of Bill of Review on Discovery of New Matter
935
ln What Court Filed
936
Form of order to Revive on Answer Consenting to Rovire
937
Hearing
938
Effect of Revivor
939
CHAPTER XLVIII
941
When Such Bill may be Filed
942
Frame of Bill 882 Form of Bill of Revivor and Supplement
943
Demurrer
945
Bill in the Nature of a Bill of Revivor and Supplement
946
Answer 947 Proceedings upon Pleas and Demurrera
947
Filing Such Bill
948
CHAPTER XLIX
949
Where Matter Available by Answer Cross Bill Improper
950
Matter Occurring after Cause at Issue Set up by Cross Bill
951
Jurisdiction of Cross Bills 891 Necessity for Cross Bill
952
Treating Answer as Cross Bill 893 Decree between CoDefendants
953
Relief Sought must be Equitable
954
Cross Bill must be Germane to Original Bill
955
Effect of Filing Cross Bill where Original Bill Lacks Equity 897 Who may File Cross Bill
956
Parties Defendant
957
Filing the Cross Bill
958
Directing Filing of Cross Bill 901 Frame of Cross Bill
960
Form of Cross Bill in Divorce Suit Illinois
962
Form of Cross Bill in the Nature of Plea Puis Darrein
964
Frame of Such a Bill
966
Form of Bill in the Nature of Bill of Revivor
967
Defense to and Proceedings upon Such Bills
968
DECREES 699 Definition and Nature
976
Security to Adverse Party 941 Process upon Bills of Review
997
Taking Bills of Review Pro Confesso 943 Defenses
998
Plea
1001
BILLS TO SUSPEND OR AVOID THE OPERATION OF DECREES
1013
In General CHAPTER LIII
1015
Proceedings of Court on Such Bill
1016
Form of Bill to Carry Decree into Execution
1018
CHAPTER LIV
1020
CHAPTER LV
1023
How It Differs from a Bill of Revivor 964 How It Differs from Original Bill in the Nature of a Supple
1024
CHAPTER LVI
1029
mental Bill
1031
Frame of Bill in the Nature of a Supplemental Bill 972 Form of Bill in the Nature of a Supplemental Bill
1034
Proceedings upon Original Bill in the Nature of a Supplemental Bill
1036
CHAPTER LVII
1037
Frame of Bill 976 Performance of Decree
1039
Necessity of Leave to File 978 Form of Supplemental Bill in the Nature of Bill of Review
1040
Proceedings upon Such Bill
1042
APPENDIX
1043
A Bacons Ordinances B Rules of Practice for Courts of Equity of the United States
Production by Defendant

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Seite 49 - ... that the plaintiff was a shareholder at the time of the transaction of which he complains or that his share thereafter devolved on him by operation of law...
Seite 19 - In respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which euch receiver or manager was appointed...
Seite 1043 - ... is not made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable diligence have been sooner introduced into the bill...
Seite 51 - ... cannot be made parties by reason of their being- out of the jurisdiction of tht court., or incapable otherwise of being made parties, or because their joinder would oust the jurisdiction of the court as to the parties before the court, the court may, in its discretion, proceed...
Seite 1058 - Objection to any question or questions shall be noted by the officer upon the deposition, but he shall not have power to decide on the competency or materiality or relevancy of the questions.
Seite 1047 - To the end, therefore, that the said defendants may, if they can, show why your orator should not have the relief hereby prayed, and may, upon their several and respective corporal oaths, and according to the best and utmost of their several and respective knowledge, remembrance, information, and belief, full, true, direct, and perfect answer make to such of the several interrogatories hereinafter numbered and set forth, as by the note hereunder written they are respectively required to answer; that...
Seite 316 - Every defendant may swear to his answer before any justice or judge of any court of the United States, or before any commissioner appointed by any circuit court to take testimony or depositions, or before any master in chancery appointed by any circuit court, or before any judge of any court of a State or Territory, or before any notary public.
Seite 948 - ... in time after the decree, and not any new proof which might have been used when the decree was made...

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