A Treatise on Extraordinary Relief in Equity and at Law: Covering: Part I.--Injunction. Part II. Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Review Or Certiorari. Containing an Exposition of Principles Governing These Several Forms of Relief, and of Their Practical Use; with Citations of All the Authorities to Date, Volume 2 (Google eBook)

Front Cover
Little, Brown,, 1893 - Extraordinary remedies
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Contents

Form and Effect of Order upon Mo tion to dissolve
887
Restoration of Rights 1097 Rectifying Injunction too broad
888
CHAPTER XXIX
890
City Ordinance no Protection 1101 Contempt by instituting Legal Pro ceedings 1102 Taking out Execution
892
Violation of Injunction granted on Creditors Bill
893
Transferring Propertv 1105 Same Prohibited Sale covered by General Sale Exercise of Right to give Preference not punished
894
Continuing to run Ferry
895
Setting up Claim 1108 Interference with Possession
896
Contempt by Corporation
897
Indirect Violation
898
Passive Contempt 1112 Violation by Plaintiff 1113 Acts held not Violations
899
Lack of Jurisdiction as Defence
900
Advice of Counsel as an Excuse
901
Waiver by and Connivance of Com plainant 1117 Public Convenience Operation of Railroad
902
Absence of Intent to violate consid ered in Mitigation 1119 Violation with reference to Bond
903
General Nature of Proceeding
904
CHAPTER XXX
915
AT
928
1162
941
State Courts
957
Concurrent Jurisdiction
967
CHAPTER XXXIII
975
Final Order at Hearing
987
Scope of Subject 1045 Dissolution in Part
1034
CHAPTER XXXIV
1036
Constitutional Provision Mutual
1040
CHAPTER XXXV
1053
Answer fully denvine 1059 Effect of Answer raising Issue
1056
CHAPTER XXXVII
1081
What constitutes 1323 Requisites 1324 Same Certainty of Statement 1325 Returning Warrant of Commitment 1328 SameCity Ordinance 1327 Same ...
1083
CHAPTER XXXVIII
1089
Notice of Application Statutory Provisions
1091
Service of Writ 1338 Attachment for Failure to make Re turn
1092
Setting Matter for Hearing 1340 Postponement of Hearing
1093
Issues upon Return 1342 Same New Matter 1343 CommonLaw Practice in Federal Courts
1094
Proof where Cause of Detention denied 1345 When Objections to Evidence to be made 1346 Plea of Former Application in
1095
Effect of Discharge 1348 Custody of Petitioner pending the Hearing
1097
Disposal of the Custody of Children 1350 Directing Choice of Minor
1098
Abatement of Proceedings 1352 Penalties under Habeas Corpus Acts
1099
Judge not subject to Prosecution 1354 Costs
1100
CHAPTER XXXIX
1101
CHAPTER XL
1107
Party enjoined may protect Prop
1120
Interference of State Courts in such Cases 1401 When granted by Courts of only Appellate Jurisdiction 1402 Conflict of Writ with Injunction 1403 C...
1138
Settling signing and sealing Bills of Exceptions
1170
Same Subject continued
1173
Entertaining and dismissing Appeals irom Subordinate Courts
1174
Alteration of Record and Files 1416 Removal and Suspension of Attor neys
1175
Admission to Practice 1418 Enforcing Judgments and Decrees
1177
Probating Wills granting Adminis tration
1178
Appointment and Control of Officers of Court
1179
Allowance of Costs 1422 Approval of Bonds
1181
Holding Terms of Court 1424 Duties pertaining to Insolvency Pro ceedings 1425 Granting Licenses
1182
142S Auditing and paying Claims
1183
Ordering the Construction of Public Buildings Bridges etc 1428 To Justices of the Peace
1184
To Clerks of Courts
1186
Obedience to Mandamus
1187
CHAPTER XLII
1188
Not available to enforce Contractual Obligations 1439 Not granted where it would be bar ren ol Results 1440 Not granted to test Collateral Legal Qu...
1194
Relief refused where Right doubtful
1195
Same Where Invalidity of Statute is asserted 1443 The Duty must be clear
1196
Other Remedy as a
1197
Remedy by Appeal 1446 Jurisdiction of Matter In a Pending Action not disturbed
1198
When Previous Demand necessary
1199
CHAPTER XLIII
1202
TO 8TATE OFFICERS
1205
CHAPTER XLV
1220
CHAPTER XLVI
1228
Same Validity in Dispute
1244
State Money in Hands of County Officer
1245
Defence tliat Claim has not been audited 1503 Allowing Precedent to drawing War
1246
rant 1504 Limitations upon Indebtedness as De fence 1505 Previous Payment to Wrong Person as a Defence
1247
Previous Payment to Assignor of Claim as Defence 1507 Release as Defence
1248
Pertaining to Appropriation of Money and Delivery of Books Funds etc 1508 Turning over Insignia of Office 1509 Custody of Public Buildings 15...
1249
Same Remedy by Action on Bond
1252
Apportionment of Funds
1253
Holding Office at County Seat 1516 Inspection of Books and Records
1254
Enforcement of Duties pertaining to Taxation 1517 Appropriate Remedy for Enforce ment of Specific Duties 1518 Inadequacy of Other Remedies 1...
1255
No Extradition without Treaty
1261
Illegality as a Defence 1537 Limitations upon Power to
1269
Enforcement of Duties incident to Municipal Aid 1538 Efficacy of the Remedy Powers of Federal Courts 1539 Issue and Delivery of Bonds 1540 S...
1270
ing for Payment by Taxation
1273
Same Injunction from State Court V Pertaining to Public Improvements 1547 Opening and improving Public Roads 1548 Opening improving and ...
1274
Repairing and rebuilding Bridges
1276
Building Bridges 1551 County Buildings 1552 Erecting Public Market
1277
Letting Contracts for Public
1278
Other Claims for Improvements and Material
1279
pertaining to elections
1280
CHAPTER XLVIII
1290
thority
1297
CHAPTER L
1303
dictment
1309
Constructing Fences Cattle Guards etc 1600 Stopping at Stations Delivering Freight 1601 Paying Taxes
1310
Payment for Lands appropriated
1311
Producing and allowing Inspection of Books and Kecords 1604 Inspection by Creditors
1312
With reference to Membership Interests 1606 Restoration upon Wrongful Expul sion General Principles 1607 No Interference with Internal Powers
1313
of Government and Control
1314
Suspension
1315
Other Remedy
1316
Inspection of Books and Records 1611 What must appear to authorize the Writ
1317
Same Interest of Petitioner 1613 Purpose for which Inspection sought
1319
Same Inconvenience of Alabama Rule
1320
Not granted to compel Transfer of Shares 1616 Same Exception
1321
A Different Rule in South Carolina 1618 Issuance of Certificate
1322
Payment of Dividends 1620 Levying and collecting Assessments
1323
Election of Officers
1324
How directed
1325
CHAPTER LI
1326
Holders of Municipal Indebtedness 1630 Property Owners adjacent to Streets
1332
In Action against Private Corpora tion 1632 Proceeding instituted by Publio Officer
1333
Joinder of Relators Numerous Interests 1634 Intervention New Parties
1334
Municipal Corporation not usually necessary 1636 Succession of New Municipal Corpo ration in Same Territory 1637 Succession in Office 1638 Su...
1335
CHAPTER LII
1340
None at Common Law 1359 Findings of Lower Court on Evi
1355
Statutory Provisions dence usually not disturbed
1356
In Federal Courts 1360 Release pending Appeal
1357
Return denying Facts 1665 Return to Mandamus to Inferior Court
1358
Effect of admitting Facts alleged 1667 Verification 1668 Amendments
1359
Joinder of Defences 1670 Return to Peremptory Writ
1360
Demurrer and Motion to quash 1671 Objections to Sufficiency of Writ how taken 1672 Objections to Sufficiency of Return
1361
Early Origin 1377 Not granted to compel Impossible
1362
Proper Office of Demurrer
1363
No Reply admissible
1364
Pages 13651390
1365
Rules governing in Appellate Court 1361 No Supersedeas
1368
Pendency of Suit in Equity as a 1387 Petitioner must show himself enti
1376
Early Employment of the Remedy 1394 May be resorted to to set Courts
1388
CHAPTER LIV
1391
CHAPTER LV
1395
Definition 1732 Ultimate Determination of Question
1412
Notice to Defendant Rule to show
1430
Of the Jurisdiction 1451 Payment of Claims
1449
Seldom issued to Cabinet Officer
1450
CHAPTER LIX
1465
erty
1471
Estoppel and Waiver
1497
PARTIES
1498
CHAPTER LXII
1508
Proceeding to try Title to Public
1519
CHAPTER LXIII
1527
try Title to Office
1533
Admissibility of Evidence
1534
Burden of Proof
1535
The Judgment Of Forfeiture of Franchises 1880 Same Of Ouster
1536
Judgment cannot extend to Forfeit ure of Property
1537
Judgment Against Usurper of Public Office
1538
Judgment notwithstanding Expira tion of Term of Office
1539
Judgment by Default 1885 Appeal and Writ of Error 1886 Same Stay of Proceedings 1887 What reviewable in the Appellate Court 1888 Costs
1540
BOOK V
1543
Definition
1545
Not usually granted as Substitute for Appeal
1546
To Special Statutory Tribunals pro ceeding summarily
1547
Premature Application
1548
Illustrations
1549
Not granted where nugatory
1550
Not granted unless Substantial In justice has been done
1551
Does not lie to review Ministerial Acts 1899 Nor such as are purely discre tionary 1900 Not granted in lieu of Quo Warranto
1552
Estoppel of Plaintiff 1902 When barred
1553
Inches as a
1554
Excusable Delay
1555
Proper Diligence
1556
Discretion of Court herein
1557
When Discretion ends
1558
CHAPTER LXV
1560
Courts and Justices of the Peace
1563
Powers of Judges at Chambers and in Vacation
1564
CHAPTER LXVI
1565
Remedy by Proper Motion or Objec tion in Lower Court
1577
Stage of Proceedings in Lower Court considered 1927 Ministerial and Discretionary Acts of Courts not reviewed
1578
Defect or Want of Jurisdiction
1579
Defect of Jurisdiction of the Person
1580
Excess of Jurisdiction
1581
Refusal to entertain Jurisdiction
1582
Extended Use of Remedy in Partic ular States
1583
To Justices of the Peace
1586
In Probate Matters
1588
In Criminal Cases
1589
In Contempt Cases 1938 Ill Habeas Corpus Cases
1590
In Attachment Cases B As an Auxiliary Remedy 1940 General Rules 1941 Purposes for which it will be granted
1591
Identification of Omitted Part 1943 Transcript cannot be amended in Higher Court
1594
Diligence required Proper Time
1595
for Motion or Suggestion 1945 How obtained Practice herein 1946 Subsequent Writs for Same Purpose
1596
What considered upon Application Courts Discretion 1948 In Habeas Corpus Cases
1597
A Principles governing the Jurisdiction 1949 General Common Law Principles 1950 Statutory Extensions of the Remedy 1951 Lies only where Inju...
1598
CHAPTER LXVII
1620
CHAPTER LXVIII
1629
General Requisites
1641
Same Where granting has Effect of Writ of Error or Appeal
1642
Record as Part of Return
1643
Same Subject
1644
Record to be transmitted without Addition Diminution or Altera tion 2010 Conclusiveness of Return
1646
Amending Return
1648
Compelling Return to be made 2013 Returns by Justices of the Peace Conclusiveness
1649
Duty of Justice herein 2015 Same Presumptions
1651
Return by Statutory Tribunal
1652
Same Presumptions
1653
CHAPTER LXIX
1654
Conclusiveness of Records
1657
No Errors will be considered unless alleged and apparent of Record
1658
Merits not considered
1659
Same Conflicting Evidence
1660
On trial de novo
1661
Collateral Questions not considered
1662
Expediency and Matters of Discre tion not considered 2027 Objections waived below cannot be made on Certiorari
1663
Effect of Admissions in Pleadings 2029 When Constitutionality of Laws de termined
1664
Same Notice to Parties
1665
Statutes of Particular States
1666
In Criminal Cases 2034 In Habeas Corpus Cases
1667
What considered upon Preliminary Hearing of Application 2036 What considered on Motion to quash or dismiss
1668
Same On Appeal from Order CHAPTEE LXX
1669
Pages 16701679
1670
In Criminal Cases 2042 Orders relating to Final Process in Lower Court 2043 The Procedendo
1674
Modifying Judgment in Lower Court 2045 Costs
1676
Statutory Damages
1678
Judgment against Sureties
1679
CHAPTER LXXI
1680
Same Amount Validity and Suf ficiency 2052 Service of Writ
1683
Time of Hearing
1684
Continuances 2055 Defaults 2056 On Appeal
1685
General Index Part I
1687
Part II
1694
CHAPTER LVI
1735
Less Strictness than in case of other 1746 Same Interest required
1745
1757
1793
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