Chancery Practice: With Especial Reference to the Office and Duties of Masters in Chancery, Registers, Auditors, Commissioners in Chancery, Court Commissioners, Master Commissioners, Referees, Etc., Including Forms of Orders of Reference, Master's Reports, Objections, Exceptions, Orders of Confirmation, Recommmittal, Etc (Google eBook)

Front Cover
T. H. Flood, 1904 - Equity pleading and procedure - 1087 pages
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Contents

Masters in Chancery
34
Same 81
35
Their office and duties 20
40
Rigid rules of law Defeating justice
41
Same
47
Same
53
Same 22
55
Same
67
Same
77
The Great Seal and Its
98
The Bill in Chancery
107
Letters missive 80
132
Same Result of these causes 85
138
Always open 90
144
Same Indiana 97
149
Same Special master
155
CHAPTER III
162
Complicated questions of faot Numerous witnesses 120
168
Same 125
178
Same
189
Effect of failure to appear
195
Masters Authority
199
Same
201
Section
202
Must not be ambiguous 153
205
Same
207
Same
213
Whether final or interlocutory 157
214
Oral examination of witnesses
219
Master must not usurp power of court 161
221
Masters authority The pleadings 164
223
Recalling witness after be has been once examined
229
Same
232
Same Liberal ruleHarmless error 23ft
237
Same Documents previously read on hearing
243
Leading questions
249
Same 163
251
Same
255
Same
261
Same 23
262
SameDefendant must obey order
267
Examination of a defendant upon a reference as to merits
273
Rulings of masters in taking the testimony
278
Same Objections must not be too broad
284
Same What the record must show
290
Same
296
Same
318
Same 429
326
Same
353
Masters conclusions or findings of law
359
Practice in the federal courts
365
Same Fifth circuit
371
Same Ninth circuit
377
ContinuancesAdjournments 275
379
Time of leaving objections with the master
383
Form of supplementary report overruling objections to draft report
389
Sams
390
Same 480
391
What it should not contain
397
Its form
403
Same
409
Same
415
Same Form of the account 298
418
Exception to masters findings of factDefinition General princi
432
Same
484
Same Loose practice condemned 128
485
Same
490
Same Exceptions to general rule
496
Same 601
502
Same
508
Same
514
General principles Who has a right to appeal
520
The record How made up
526
Same
532
Same
538
Applications of foregoing rules The abstract
546
Same 469
547
Same
552
The duty of the court Weight given to masters findings
556
Must conform to order 393
560
Same
563
Sales by masters Importance of duty Definition 667
569
Same
575
How masters sale may be attacked
591
Evidence How reported 417
596
Same Captious objections
597
Hearing Before the Chancellor
604
Scarcity of bidders
610
Force and effect of bidders contract
616
Reversal of decree Effect upon rights of purchaser
622
Same Form of certificate
628
Same 224
655
CHAPTER X
661
Same 225
670
Hearing on exceptions General principles 470
676
Same 426
681
Evidence must be returned 471
682
Preparation for hearing 226
683
Same 321
717
Same 822
723
Same 169
730
The action of the chancellor 323
737
Same 170
753
Confirmation of masters report 618
767
Same
800
Speeding the hearing in the masters office Unreasonable delays 324
825
Master as representative of the court 880
831
Preservation of briefs 555
832
Statutes
834
Masters findings General principles
840
Same 34fi
848
What it must contain 394
865
Notice of sale Form of 576
873
The sale proper 580
879
Masters sales by private contract 583
886
Confirmation of masters report of sale 586
893
Who may attack masters sale 590
900
Same 686
925
Attacking action of master on ground of irregularity 427
990
Same What to be considered 689
1008
Of Costs Generally in Case of a Reference
1016
Who entitled to prosecute the reference 173
1055
Order of introduction of evidence 227
1056
Amendment of Pleadings
1057
Attendance upon parliament 24
1064
Preliminary question may be referred to master 128
1079
Copyright

Common terms and phrases

Popular passages

Page 374 - In testimony whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written.
Page 980 - I, , a notary public in and for said county, in the state aforesaid, do hereby certify that Walter Merritt, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument...
Page 457 - ... either party shall be at liberty to apply to the court, or a judge thereof, for an order to the master to speed the proceedings and to make his report, and to certify to the court or judge the reason for any delay.
Page 72 - King said that he thought the law was founded upon reason, and that he and others had reason as well as the judges. To which it was answered by me that true it was that God had endowed his Majesty with excellent science and great endowments of nature; but his Majesty was not learned in the laws of his realm of England...
Page 811 - A brief of the argument, exhibiting a clear statement of the points of law or fact to be discussed, with a reference to the pages of the record and the authorities relied upon in support of each point.
Page 811 - When the error alleged is as to the admission or to the rejection of evidence, the specification shall quote the full substance of the evidence admitted or rejected.
Page 72 - To which it was answered by me, that true it was that God had endowed his Majesty with excellent science and great endowments of nature, but his Majesty was not learned in the laws of his realm of England; and causes which concern the life or inheritance or goods or fortunes of his subjects are not to be decided by natural reason but by the artificial reason and judgment of law, which law is an act which requires long study and experience before that a man can attain to the cognizance of it...
Page 155 - That no person related to any justice or judge of any court of the United States by affinity or consanguinity, within the degree of first cousin, shall hereafter be appointed by such court or judge to or employed by such court or judge in any office or duty in any court of which such justice or judge may be a member.
Page 266 - Upon every such reference it shall be the duty of the master, as soon as he reasonably can after the same is brought before him, to assign a time and place for proceedings in the same, and to give due notice thereof to each of the parties or their solicitors ; and if either party shall fail to appear at the time and place appointed, the master shall be at liberty to proceed ex parte, or, in his discretion, to adjourn the examination and proceedings to a future day, giving notice to the absent party...
Page 995 - The master shall not retain his report as security for his compensation; but when the party ordered to pay the compensation allowed by the court does not pay it after notice and within the time prescribed by the court, the master is entitled to a writ of execution against the delinquent party.

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