Equity Pleading and Practice: With Forms

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Boston Law Book Company, 1952 - Equity pleading and procedure
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Contents

Chapter Sections 1 Jurisdiction in General __ 120
1
Equity Jurisprudence
2
General Principles of Jurisdiction
5
VOLUME
7
Equity Jurisdiction in General
8
Trial by Jury
9
Early Equity Jurisdiction in Massachusetts 6 Full Equity Jurisdiction Conferred on the Supreme Judicial Court
11
Introduction 732 Constitutional Right to Trial by Jury 733 Right to Trial by Jury in Equity
15
Form of Bill for an Accounting
345
Bills to Enforce Assignments
348
Form of Bill to Enforce Assignment
349
Bills Relating to Assignments for Benefit of Creditors
351
Form of Bill to Enforce Assignment for Benefit of Creditors
352
Form of Bill to Set Aside Assignment for Benefit of Creditors 282 Bills for Cancellation of Written Instruments 283 Form of Bill to Cancel Lease Exe...
355
Form of Bill to Cancel Deed Obtained by Fraud
366
Decree Ordering Wife to Redeliver Property to Her Husband
367

Jurisdiction in Equity Conferred on Superior Court
19
Equitable Jurisdiction of the Courts in General
21
Exceptions
25
Supreme Judicial Court
27
Superior Court
28
Bills of Review
29
Probate Court
31
Land Court
36
Jurisdiction in Personam 2150
37
Introduction 1072 Appeals from Interlocutory Orders or Decrees 1073 Revision of Interlocutory Decrees upon Appeal from Final Decree
38
Persons Subject to Jurisdiction
62
Enjoining Acts Abroad
67
Enjoining Foreign Actions
70
Enjoining Domestic Actions at
73
Enjoining Administrative Proceedings
78
Enjoining the Enforcement of Judgments or Decrees
81
Suits in Re Foreign Lands
82
Want of Jurisdiction over the Subject Matter
83
Jurisdiction over the Person Conferred by Consent or Waiver
86
Objections to the Jurisdiction of the Court
91
Appeals from Final Decrees 1075 Appeal from Consent Decrees 1076 Injunction or Receiver Pending Appeal 1077 Suspension of Execution or Oper...
92
Adequate Remedy at
102
Form of Plea in Bar 665 Pleas in Abatement 666 Pleas to the Jurisdiction
108
Waiver of Objection of an Adequate Remedy at
109
Execution of Decree Notwithstanding Appeal 1080 Petition for Leave to Appeal Late 1081 Form of Petition to Appeal Late 1082 Late Entry of Appe...
110
Retention of Jurisdiction
119
Jurisdiction in Rem 51 Introduction 52 Proceedings in
127
Jurisdiction in Rem 5170
128
53
129
Powers of a Court of Equity 54
133
Power of a Court of Equity to Act in
136
Seizure of the
141
Commencement of Action
142
Requirements of Notice
143
Introduction 72 Distinction between Jurisdiction in Rem and Quasi in
147
Jurisdiction Quasi in Rem 7190
148
Jurisdiction Quasi in
151
Requirement of
155
The Sufficiency of the
156
Seizure of the
162
Commencement of Suits 91110
165
Exceptions in Equity Suits
167
Commencement of Suits by Writ
170
Commencement of Suits in the Probate Courts
171
Commencement of Suits in the Land Court
173
Filing of Exceptions 894 Entry of Final Decree Notwithstanding the Filing of Excep tions 895 Allowance of Bill of Exceptions 896 Disallowance of ...
175
Venue 111130
176
Venue of Suits in Probate Courts
181
Venue of Suits in Land Court
183
Necessity of Objection to Venue
184
Waiver of the Objection to Venue 119 Change of Venue
186
Plaintiffs Waiver of Right to Trial by Jury 735 Defendants Waiver of Right to Trial by Jury 736 Requirements as to Claim of Jury Trial as of Right 7...
187
Process 131160
188
Report of Interlocutory Orders or Decrees 913 Interlocutory Proceedings Subject to be Reported 914 Form of Report on Interlocutory Decree 915 R...
193
Decree for an Accounting between Partners
199
Requirements and Issuances of Injunctions
201
Process in Equity in Probate Courts
205
Process in Equity in the Land Court
208
Arrest in Equity Suits
210
Writs of Ne Exeat Regno
214
Hearing on Pleas
220
Form of Petition for Writ Ne Exeat Regno
222
Service of Process 161190
224
Service of Process in Suits in Equity in Probate Courts
235
Service of Process in Suits in Equity in Land Court
237
Service of Process in Suits Commenced by Writ
239
Service of Process in Suits Commenced by Writ of Summons 168 Service of Process in Suits Commenced by Writ of Summons and Attachment
241
Service of Process in Suits Commenced by Trustee Writ
243
Service of Process on Absent Defendants
247
Service of Process in Suits in Personam against Nonresi dents 172 Service of Process in Suits Quasi in Rem against Nonresi dents
255
Service of Process in Suits against Domestic Corporations 174 Service of Process in Suits against Foreign Corporations
259
Issuance and Service of Supplementary Process
261
Amendment to the Return of the Officer
264
Conclusiveness of the Return of the Officer
265
Entry of Suits 191220
267
Issuance of Temporary Restraining Orders
272
Issuance of Preliminary Injunctions
274
Dissolution or Modification of Injunctions
276
Decree Establishing Title by Adverse Possession
277
Attachments During Pendency of Suits 199 Requirements as to Furnishing Copy of Bill or Petition
278
Doctrine of Lis Mota
279
Lis Pendens 221240
281
Formal Requirements of a Notice of Lis Pendens
285
Form of Lis Pendens
286
Proceedings Affected by Lis Pendens
287
Persons Affected by Lis Pendens
290
Dissolution of Lis Pendens
291
Parties 241270
293
Joinder of Parties Defendant
298
Parties Absent from the Jurisdiction
299
Nonresident Parties
301
Amendments as to Parties 248 Parties Brought in by Counterclaim
302
Parties by Intervention
303
Receivership Proceedings
307
Death of a Party
308
Parties Representative of a Class
310
Husband and Wife as Parties to the Suit
313
Partners and Joint Adventurers as Parties
318
Executors or Administrators as Parties
320
Joint Owners of Personal Property as Parties
321
Minors as Parties to Suits
322
Persons under Guardianship as Parties
323
Public Officers as Parties
324
Trustees as Parties to the Suit
325
Bills of Complaint under General Equity Principles 271470
327
Form of Bill to Restrain Nuisance Interfering with Comfort of Employees 329 Bills for Partition of Real Estate 330 Form of Petition for Partition of R...
328
Form of Bill by Vendor for Specific Performance of Contract to Convey Real Estate 349 Form of Bill by Vendee for Specific Performance of a Con t...
329
Prayers for Relief
340
Bills for an Accounting
342
Form of Bill to Cancel Insurance Policy
368
Bills for Contribution among Cosureties
370
Form of Bill for Contribution among Cosureties
371
Bills between Coowners of Personal Property 291 Form of Bill between Coowners of Personal Property
374
Bills by CreditorsNonStatutory
375
Form of Creditors BillNonStatutory
376
Bills for Discovery 295 Form of Bill for Discovery
378
Bills to Enforce Exoneration
380
Form of Bill to Enforce Exoneration 298 Bills to Prevent a Forfeiture
381
Form of Bill to Prevent Forfeiture
385
Bills Based on Fraud 301 Bills between Husband and Wife
387
Form of Bill between Husband and Wife to Recover Bank De posit
389
Form of Bill between Husband and Wife to Recover Personal Property
390
Form of Bill between Husband and Wife to Recover Moneys and Bonds
392
Form of Bill by Former Wife for Exoneration
395
Bills for Injunctive Relief
397
Form of Bill to Restrain Vexatious Actions at Law 309 Form of Bill to Enjoin Libel and Slander
401
Bills of Interpleader 311 Form of Bill of Interpleader
406
Bills to Establish Liens
410
Form of Bill to Establish a Lien
411
Bill to Establish the Right to Lateral Support
413
Form of Bill to Establish Right to Lateral Support 316 Bill to Compel Reexecution of Lost Instruments
415
Form of Bill to Compel Reexecution of Lost Instruments 318 Bills to Enforce Marshalling of Assets
417
Form of Bill to Enforce Marshalling of Assets 320 Bills Relating to Mortgages
420
Form of Bill by Mortgagor for an Accounting
422
Form of Bill to Cancel Note and Mortgage as Given without Consideration
424
Form of Bill to Compel Discharge of Mortgage as having been Paid
425
Form of Bill to Reinstate a Mortgage
426
Form of Bill to Restrain Mortgage Foreclosure
431
Bills to Restrain Nuisances
433
Bills to Establish Trusts
519
Form of Bill to Establish an Express Trust
523
Bills to Restrain Unfair Competition
546
Form of Bill to Restrain Unfair Competition
549
Statutory Bills in Equity 471 Introduction 472 General Principles Applicable to Statutory Bills 473 Bills by Creditors to Reach and Apply
552
Form of Bill to Establish an Express Trust in Personal Prop erty
554
Appointment of Receivers under General Equity Jurisdiction 754 Appointment of Receivers of Partnerships 755 Appointment of Receivers of Proper...
555
Debt within the Meaning of the Statute
560
Property Right Title or Interest
562
Property Subject to be Reached
565
Form of Petition by Judgment Creditor for Appointment of Receiver
566
Property Not Subject to be Reached
568
Form of Bill to Reach and Apply Disability Payments under Policy of Insurance
569
Form of Bill to Reach and Apply Judgment
573
Form of Bill to Reach and Apply Liability Established by Final Decree
574
Form of Bill to Reach and Apply Note and Mortgage 482 Form of Bill to Reach and Apply Debtors Interest in Part nership
578
Statutory Bills in Equity 471580
580
Decree Pro Confesso
582
Pro Confesso for Failure to Appear
583
Pro Confesso for Failure to File Pleadings
584
Pro Confesso for Want of a Proper Answer
585
Form of Bill to Reach and Apply Debtors Interest in a Trust 486 Bills by Creditors to Reach and Apply Property Transferred in Fraud of Creditors 48...
586
Effect of Decree Pro Confesso
588
Amendment after Decree Pro Confesso
589
Bills to Set Aside Sale of Merchandise in Bulk
591
Form of Bill to Set Aside Sale of Merchandise in Bulk
592
Bills to Reach and Apply Shares or Interests in Corporations 492 Form of Bill to Reach and Apply Shares or Interests in Cor porations
597
Form of Bill to Reach and Apply Shares of Stock Subject to Lien or Pledge
599
Introduction
601
Time for Appearance
602
Rules of Court Relating to Appearance
603
General Appearance
604
Special Appearance
605
Special Appearance to Protect Property under Attachment
606
Waiver of Special Appearance
607
Unauthorized Appearance
608
Withdrawal of Appearance
609
Authority to Appear
610
Determination of Pleas
616
Designation of Person to Report Testimony 834 Trial upon Agreed Statement of Facts 835 Trial upon Agreed Statement of Evidence 836 Exceptions...
620
Introduction
621
General Principles of Demurrers
622
Rules of Court Applicable to Demurrers
623
General Demurrers
624
Special Demurrers
625
Demurrer on the Grounds of Adequate Remedy at
626
Demurrer on the Grounds of Want of Jurisdiction
627
Demurrer on Grounds of Prior Action Pending
628
Demurrer on the Grounds of Laches
629
Demurrer on Grounds of the Statute of Limitations
630
Demurrer on the Grounds of the Statute of Frauds
631
Demurrer on the Grounds of Multifariousness
632
Contents of Demurrers
633
Reed Mass Practb XViI
641
Form of Bill to Foreclose Mortgage
667
Volume 7
1
Pro Confesso 581600
5
Introduction
7
General Principles
11
Requirements as to the Time for Filing Answers 683 Requirements of Answers
20
General Principles Relating to Final Decrees 933 Distinction between Interlocutory and Final Decrees 934 Decrees in Personam
26
Decrees in Rem 936 Decrees Quasi in
36
Final Decrees after Pro Confesso 938 Final Decrees Entered by Consent 939 Final Anticipatory Decrees 940 Final Decrees Dismissing Bills 941 Final ...
52
Appointment of Masters
61
Form of Petition by Judgment Creditor for Appointment of Receiver of Corporation
62
7G2 Form of Petition for Receiver of Corporation by Stockholder 763 Form of Decree Appointing Temporary Receivers of Corpora tion under Gen...
68
Order of Reference
81
Amendment or Correction of Final Decree 947 Final Decree after Rescript
91
General Statutory Requirements
93
Insufficient Answers 685 Disclaimer 686 Affirmative Defenses 687 Laches 688 Statute of Frauds G89 Illegality 690 Statute of Limitations
114
Anomalous Defenses 692 Counterclaim 693 Form of Answer and Counterclaim
115
Form of Decree Appointing Receiver on Application of Judg ment Creditor of Corporation
147
Bond of Receivers 769 Effect of Decree Appointing Receivers 770 Form of Motion for Continuance of Receivership during Pen dency of Appeal 77...
153
Duties of Masters
163
Hearings before Masters 866 Requests for Findings of Fact 867 Requests for Rulings of Law 868 Preparation and Filing of Report 869 Report of the ...
214
Duties of Receivers 773 Form of Petition to Turn over Property
221
Order for Preparation of Record 1115 Preparation of the Record 1116 Transmission of Exhibits upon Appeal 1117 Entry of Record in Supreme Judi...
227
Enforcement of Final Decrees 949 Enforcement by Issuance of Execution 950 Enforcement by Judicial Sale 951 Enforcement by Attachment for Co...
254
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