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

Dominick T. Blake

J.T. Murden, 1818 - Court rules - 650 pages

Contents

• Jurisdiction: 1
• Its special jurisdiction: 8
• Sheriffs declared officers of the court: 8
• Bills: 9
• Terms of the court: 18
• Bill of interpleader: 31
• Bill of peace: 37
• Bill of review: 45
• Bill filed by the particular direction of the court: 51
• Patent c under the seal of the court: 68
• How to proceed as in the case of a defendant absent from this: 85
• How to proceed against absent or concealed mortgagors: 93
• Notice of eight days: 99
• Commission of rebellion: 101
• Habeas Corpus: 102
• Endorsement ib 20 Sequestration: 103
• Process against a corporation: 104
• Endorsement: 105
• Defence to a suit: 106
• demurrable: 112
• Of pleading: 114
• In disability of the person: 115
• Of the answer: 117
• other: 119
• The whole answer to be taken together ib 6 If defendant submits to answer ib 7 To answer specially to special charges ib 3 If a fact is charged to be w...: 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
• Memorandum of the date of issue: 125
• Of the replication to the defendants answer: 126
• Of the examination of evidence: 128
• of the examination: 129
• Before whom and how taken: 131
• Forms of interrogatories in equity: 132
• How depositions are to be taken before an examiner: 134
• Pręcipe to the clerk in court ib 7 Notice to the opposite solicitor of a day being given to produce witnesses: 135
• Form of the notice: 142
• Of examining the credit or competency of a witness: 150
• Of expediting proceedings in a cause after issue joined: 156
• Of the case or abbreviated state of the pleadings for the Chan: 161
• Of enforcing obedience to or the performance of a decree: 167
• 39: 169
• Notice accompanying a copy of the petition served upon the oppo: 173
• Proceedings in the court for the trial of impeachments: 183
• appeal: 186
• Motion that respondent answer: 187
• Of the answer to the petition ib 5 Form of order that appellant present the petition ib 6 Form of petition of appeal: 188
• Form of order to answer the petition: 190
• Form of the answer: 191
• Of setting down the cause and of hearing in the Court of Errors: 192
• mined into: 196
• Decision of the court: 197
• Costs on appeal ib 11 Remitting decree of this court to the Court of Chan cery: 198
• Costs: 199
• Taxation of costs: 201
• Security or costs: 202
• Staying proceedings till costs in another suit be paid: 204
• Interlocutory matters under which head will be considered orders novions petitions c: 205
• Special orders: 206
• Common orders: 207
• Motions: 208
• Special motions: 209
• Motion for amendment of pleadings and first of the complain: 210
• Motions for dismissing a bill for want of prosecutionaffidavit: 216
• General principles on which examinations before a master are: 222
• The examination and answers of the defendant to: 235
• Exceptions to the report: 268
• Evidence: 275
• Reference to report on exceptions to an answer: 285
• Reference of bill for scandal or impertinence: 294
• Reference to a master concerning the custody of children on: 326
• Of appointment of a guardian ad litem: 332
• fants for their maintenance c: 354
• Divorces: 356
• 467: 357
• Form of the bill: 367
• do of the answer: 369
• Final decree: 372
• Special case: 387
• To protect the enjoyment of chattels: 390
• To stay proceedings on power of sale in a mortgage ib XIV For the enjoyment of a privilege: 402
• Attachment: 403
• Continuing injunctions ib Dissolving injunctions ib When irregularly obtained: 406
• Perpetual injunction ib Writ of injunction: 407
• Ne exeat republica: 408
• Dedimus potestatem to take the testimony of witnesses: 415
• commissioners: 416
• Form of the commission: 419
• Oath to be taken by the commissioners: 420
• do by the clerk: 421
• Notice of the commissioners in proceeding to the exc cution of the commission: 422
• Subpoena to testify before the commissioners ib 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 ib 2 Notice with the names of the commissioners: 425
• Affidavit of service ib 4 Order of the court on motion: 426
• Commission ib 6 Instructions to the commissioners: 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
• Pręcipe to the sheriff: 436
• Directions to the commissioners for executing the com mission: 437
• Warrant to produce the lunatic: 439
• Subpoena for witnesses: 440
• Recognizance entered before the master and his cer: 449
• Mortgages foreclosed under the statute: 462
• The secretary of state to procure books for the purpose: 463
• How to proceed against the defendant by attachment: 1
• Notice thereof: 2
• Number of commissioners to execute the commission: 4
• The inquisition signed by the jury: 11
• Endorsement: 14
• A writ of execution in nature of a ca sa to compel: 26
• Affidavits: 33
• Affidavit that the plaintiff hath not the deeds inquired: 35
• Petitions: 41
• Notices of Motion: 47
• Orders: 53
• A bill for a redemption of a mortgage: 60
• 66: 66
• Bill of review: 72
• A supplementary bill to deliver up deeds and writings: 78
• Pleas: 89
• 24: 97
• Interrogatories: 99
• Release: 108
• How an attachment is obtained: 129
• 33: 152
• 462: 153
• In bar ib 4 Form of a plea: 159
• Defendant refusing to cause his appearance to be: 160
• Absolute deeds in terms yet subject to a defeasance shall: 166

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...

Bibliographic information

• Title: 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
• Author: Dominick T. Blake
• Publisher: J.T. Murden, 1818
• Length: 650 pages