Equity Pleading and Practice: With Forms, Volume 7

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

Chapter Sections 1 Jurisdiction in General 120
1
Jurisdiction in Personam 2150
2
General Principles of Jurisdiction
3
Equity Jurisdiction in General
4
Early Equity Jurisdiction in Massachusetts 6 Full Equity Jurisdiction Conferred on the Supreme Judicial Court
6
Jurisdiction in Equity Conferred on Superior Court
7
Service of Process 161190
8
Lis Pendens 221240
9
Form of Bill to Compel Discharge of Mortgage as having been Paid
323
Form of Bill to Reinstate a Mortgage
324
Form of Bill to Restrain Mortgage Foreclosure
325
Bills to Restrain Nuisances
326
Form of Bill to Restrain Nuisance Interfering with Comfort of Employees
328
Bills for Partition of Real Estate
329
Form of Petition for Partition of Real Estate
330
Bills between Partners
331

Amendment after Decree Pro Confesso 590 Vacation of Decree Pro Confesso
10
Vacation of Final Decree Entered upon a Pro Confesso
11
Appearances 601620
12
General Appearance
15
Special Appearance
18
Special Appearance to Protect Property under Attachment 607 Waiver of Special Appearance
19
Unauthorized Appearance 609 Withdrawal of Appearance 610 Authority to Appear
21
Demurrers 621660
23
General Demurrers
29
Special Demurrers
31
Demurrer on the Grounds of Adequate Remedy at
32
Demurrer on the Grounds of Want of Jurisdiction
33
Demurrer on Grounds of Prior Action Pending 629 Demurrer on the Grounds of Laches
35
Demurrer on Grounds of the Statute of Limitations
37
Demurrer on the Grounds of the Statute of Frauds
38
Demurrer on the Grounds of Multifariousness
39
Contents of Demurrers
40
Waiver of Demurrer
42
Admissions Made by Demurrer
43
Hearing on Demurrer
44
Pleas 661680
47
Pleas in Abatement
51
Pleas to the Jurisdiction
53
Form of Plea to the Jurisdiction 668 Sufficiency of Pleas
54
Seizure of the
56
Commencement of Action
57
Answers and Counterclaims 681710
59
Insufficient Answers
62
Disclaimer
63
Affirmative Defenses 687 Laches
64
Statute of Frauds 689 Illegality
65
Statute of Limitations 691 Anomalous Defenses
66
Counterclaim
69
Form of Answer and Counterclaim
70
Interlocutory Proceedings before Trial 711730
72
Hearing on Bill and Answer
77
Motions
81
Amendments
84
Specifications or Particulars
87
Notices to Admit Facts
88
Dismissal of Suit by Plaintiff before Trial
92
Interrogatories
96
Inspection of Books Documents and Records
99
Trial by Jury 731750
101
Plaintiffs Waiver of Right to Trial by Jury 735 Defendants Waiver of Right to Trial by Jury
105
Requirements as to Claim of Jury Trial as of Right 737 The Right to Trial by Jury in the Discretion of the Court
108
Denial of Jury Issues
110
Framing of Jury Issues 740 Form of Jury Issues
112
Trial of Jury Issues
114
Receivership Proceedings 751830
116
Bond of Receivers
150
Effect of Decree Appointing Receivers
151
Duties of Receivers
155
Form of Petition to Turn over Property
157
Form of Petition that Creditors File Proofs of Claim 776 Form of Order that Creditors File Proofs of Claim
159
Suits by Receivers
161
Suits against Receivers
162
Form of Petition to Sue Receiver
163
Creditors of the Receivership
164
Petition of Receiver for Leave to Sell Assets
166
Form of Petition for Leave to Sell Assets
167
Expenses of Administration of Receivership
168
Receivers Final Account 786 Form of Receivers Final Account
170
Form of Receivers Final Report 788 Form of Decree on Receivers Final Report
171
Trial by Court 831860
173
Trial upon Agreed Statement of Facts
177
Trial upon Agreed Statement of Evidence 836 Exceptions during the Course of Trial
180
Requests for Rulings of
182
Requests for Findings of Fact 839 Voluntary Findings of Fact
183
Findings and Order for Decree 841 Requests for Report of Material Facts
185
Rehearing or New Trial
190
Trials before Masters 861890
191
Hearings before Masters
195
Requests for Findings of Fact
198
Requests for Rulings of
199
Preparation and Filing of Report
201
Report of the Master
206
Exhibits Used in Evidence
207
Report of Facts 872 Exceptions to Masters Report
209
Summaries of Evidence
214
Effect of Findings of Master
216
Recommittal of Masters Report
220
Confirmation of Masters Report
221
General Principles of Lis Pendens
222
Statutory Provisions as to Lis Pendens
223
Exceptions 891910
224
Form of Lis Pendens
225
Proceedings Affected by Lis Pendens
226
Persons Affected by Lis Pendens
227
Dissolution of Lis Pendens
228
Parties
229
Allowance of Bill of Exceptions
231
Disallowance of Exceptions
234
Preparation of Record for Transmission to the Full Court
235
Reports 911930
236
Introduction
241
General Principles as to Parties
242
Joinder of Parties Plaintiff
243
Joinder of Parties Defendant
244
Parties Absent from the Jurisdiction
245
Nonresident Parties
246
Chapter Sections
247
Parties Brought in by Counterclaim
248
Parties by Intervention
249
Death of a Party
250
Parties Representative of a Class
251
Husband and Wife as Parties to the Suit
252
Partners and Joint Adventurers as Parties
253
Executors or Administrators as Parties 255 Joint Owners of Personal Property as Parties
255
Minors as Parties to Suits
256
Persons under Guardianship as Parties
257
Public Officers as Parties
258
Trustees as Parties to the Suit
259
Final Decrees Entered by Consent 939 Final Anticipatory Decrees
260
Final Decrees Dismissing Bills
262
Final Decrees Dismissing Bills after Sustaining of Demurrers 942 Final Decrees Establishing an Indebtedness
265
Final Decrees Awarding Damages in Equity
266
Bills of Complaint under General Equity Principles 271 Introduction
271
General Principles Applicable to Bills of Complaint
272
Stating Part of Bill of Complaint
273
Prayers for Relief
274
Bills for an Accounting
275
Form of Bill for an Accounting
276
Bills to Enforce Assignments
277
Form of Bill to Enforce Assignment
278
Bills Relating to Assignments for Benefit of Creditors
279
Form of Bill to Enforce Assignment for Benefit of Creditors
280
Form of Bill to Set Aside Assignment for Benefit of Creditors
281
Bills for Cancellation of Written Instruments
282
Form of Bill to Cancel Lease Executed without Authority
283
Form of Bill to Cancel Lease on Ground of Mutual Mistake
284
Form of Bill to Cancel Deed Obtained by Fraud
286
Form of Bill to Cancel Insurance Policy
287
Bills for Contribution among Cosureties
288
Form of Bill for Contribution among Cosureties
289
Bills between Coowners of Personal Property
290
Form of Bill between Coowners of Personal Property
291
Bills by CreditorsNonStatutory
292
Form of Creditors BillNonStatutory
293
Bills for Discovery
294
Form of Bill for Discovery
295
Bills to Enforce Exoneration
296
Form of Bill to Enforce Exoneration 298 Bills to Prevent a Forfeiture
297
Form of Bill to Prevent Forfeiture
299
Bills Based on Fraud
300
Bills between Husband and Wife
301
Form of Bill between Husband and Wife to Recover Bank De posit
302
Form of Bill between Husband and Wife to Recover Personal Property
303
Form of Bill between Husband and Wife to Recover Moneys and Bonds
304
Form of Bill between Husband and Wife to Set Aside Fraud ulent Conveyance
305
Form of Bill by Former Wife for Exoneration
306
Bills for Injunctive Relief
307
Form of Bill to Restrain Vexatious Actions at
308
Form of Bill to Enjoin Libel and Slander
309
Bills of Interpleader
310
Form of Bill of Interpleader
311
Bills to Establish Liens
312
Form of Bill to Establish a Lien
313
Bill to Establish the Right to Lateral Support
314
Form of Bill to Establish Right to Lateral Support
315
Bill to Compel Reexecution of Lost Instruments
316
Form of Bill to Compel Reexecution of Lost Instruments
317
Forms of Final Decrees 9811050
318
Form of Bill to Enforce Marshalling of Assets
319
Bills Relating to Mortgages
320
Form of Bill by Mortgagor for an Accounting
321
Form of Bill to Cancel Note and Mortgage as Given without Consideration
322
Form of Bill between Partners for an Accounting
332
Form of Bill between Partners for Dissolution
333
Form of Bill by Estate of Deceased Partner for an Account
334
Form of Bill by Partner for Accounting Dissolution and Ap pointment of Receiver
335
Bills for Redelivery of Personal Property
336
Form of Bill by Conditional Vendor for Redelivery of Per sonal Property
337
Form of Bill by Owner for Redelivery of Personal Property
338
Bills for Reformation of Instruments
339
Form of Bill for Reformation of Fire Insurance Policy
340
Form of Bill for Reformation of Promissory Notes
341
Bills for Rescission
342
Form of Bill for Rescission
343
Form of Bill for Rescission Based on Fraud
344
Bills for Equitable SetOff
345
Appeals in General 10711100
346
Bills for Specific Performance
347
Form of Bill by Vendor for Specific Performance of Contract to Convey Real Estate
348
Form of Bill by Vendee for Specific Performance of a Con tract to Convey Real Estate
349
Form of Bill by Vendee for Specific Performance of a Con tract to Sell Shares of Stock
350
Form of Bill to Enjoin Violation of Contract Involving Per sonal Services
351
Form of Bill to Enjoin Violation of Terms of Employment Contract
352
Bills by Stockholders
353
Form of Minority Stockholders Bill
354
Form of Bill Based upon Alleged Improper Diversion of Cor porate Funds and Property
355
Form of Bill to Compel Corporate Officer to Account to the Corporation
356
Injunction or Receiver Pending Appeal 1077 Suspension of Execution or Operation of Decree During Ap peal
357
J57 Bills to Restrain Trespasses 358 Form of Bill to Compel Removal of Trespassing Structures
358
Bills to Establish Trusts
359
Form of Bill to Establish an Express Trust
360
Supreme Judicial Court
361
erty
362
Form of Petition to Appeal Late
363
Form of Bill to Establish Resulting Trust
364
Form of Bill to Establish a Constructive Trust against a Fidu ciary
365
Form of Bill to Set Aside a Trust
366
Bills to Restrain Unfair Competition
367
Form of Bill to Restrain Unfair Competition
368
Dismissal of Appeals from Final Decrees
369
Waiver of Appeals
372
Scope of Review _ 11011110
373
Reviow upon Appeal with a Voluntary Finding of Facts
375
Review upon Appeal with a Statutory Finding of Facts
377
Review upon Appeal with a Report of the Evidence
379
Preparation and Transmission of Record to Full
383
Extension of Time for Preparation and Transmission of the Record
385
Order for Preparation of Record
386
Preparation of the Record
390
Transmission of Exhibits upon Appeal
391
Entry of Record in Supreme Judicial Court
392
Table of Statutes and Court Rules
395
Table of Cases
417
Superior Court
444
Index 463
463
Statutory Bills in Equity
464
Introduction
471
General Principles Applicable to Statutory Bills
472
Bills by Creditors to Reach and Apply
473
Debt within the Meaning of the Statute
474
Property Right Title or Interest
475
Property Subject to be Reached
476
Property Not Subject to be Reached
477
Form of Bill to Reach and Apply Disability Payments under Policy of Insurance
478
Form of Bill to Reach and Apply Judgment
479
Form of Bill to Reach and Apply Liability Established by Final Decree
480
Form of Bill to Reach and Apply Note and Mortgage
481
Probate Court
482
Form of Bill to Reach and Apply a Claim for Unliquidated Damages
483
Form of Substitute Bill to Reach and Apply a Claim for Un liquidated Damages Reduced to Judgment
484
Form of Bill to Reach and Apply Debtors Interest in a Trust
485
Bills by Creditors to Reach and Apply Property Transferred in Fraud of Creditors
486
Form of Bill to Reach and Apply Personal Property Conveyed in Fraud of Creditors
487
Form of Bill to Reach and Apply Shares of Stock Transferred in Fraud of Creditors
488
Bills to Set Aside Sale of Merchandise in Bulk
489
Form of Bill to Set Aside Sale of Merchandise in Bulk
490
Bills to Reach and Apply Shares or Interests in Corporations
491
Form of Bill to Reach and Apply Shares or Interests in Cor porations
492
Form of Bill to Reach and Apply Shares of Stock Subject to Lien or Pledge
493
Bill by Judgment Creditor to Reach and Apply a Policy of In surance Enuring to His Benefit
494
Form of Bill to Set Aside Fraudulent Assignment of Mort
508
Requirements of Notice
515
Form of Interlocutory Decree Authorizing the Entry
522
Land Court
524
Jurisdiction Quasi in
526
Equity Pleading
1
Jurisdiction in Personam
3
Equity Acts in Personam
21
Jurisdiction Based on Domicile
22
Jurisdiction over Nonresidents
23
Persons Subject to Jurisdiction
24
Enjoining Acts Abroad
25
Enjoining Foreign Actions
26
Enjoining Domestic Actions at
27
Enjoining Administrative Proceedings
28
Enjoining the Enforcement of Judgments or Decrees
29
Suits in Re Foreign Lands
30
Want of Jurisdiction over the Subject Matter
31
Jurisdiction over the Person Conferred by Consent or Waiver
32
Objections to the Jurisdiction of the Court
33
Adequate Remedy at
34
Waiver of Objection of an Adequate Remedy at
35
Retention of Jurisdiction
36
Introduction
51
Proceedings in
52
Powers of a Court of Equity
53
Power of a Court of Equity to Act in
54
Introduction
71
Distinction between Jurisdiction in Rem and Quasi in
72
Jurisdiction Quasi in
73
Requirement of
74
The Sufficiency of the
75
Seizure of the
76
Requirement of Notice i
84
Introduction
91
Suit
92
Commencement of Suits in the Supreme Judicial and Superior Courts
93
Commencement of Suits by Bill or Petition
94
Commencement of Suits by Writ
95
Commencement of Suits in the Probate Courts
96
Commencement of Suits in the Land Court
97
Introduction
111
Venue Distinguished from Jurisdiction
112
General Principles of Venue
113
Venue of Suits in the Supreme Judicial and Superior Courts
114
Venue of Suits in Probate Courts
115
Venue of Suits in Land Court
116
Necessity of Objection to Venue
117
Waiver of the Objection to Venue
118
Change of Venue
119
Process 131 Introduction
131
General Principles of Process
132
Process in Suits Commenced by Bill or Petition in the Supreme Judicial and Superior Courts
133
Attachments in Suits Commenced by Bill or Petition in the Su preme Judicial and Superior Courts
134
Injunctions in Lieu of Attachments in Suits in the Supreme Judicial and Superior Courts
135
Requirements and Issuances of Injunctions
136
Process in Equity in Probate Courts
138
Process in Equity in the Land Court
139
Arrest in Equity Suits
140
Writs of Ne Exeat Regno
141
Form of Petition for Writ Ne Exeat Regno
142
Introduction
161
General Principles of Service of Process
162
Service of Subpoena in Suits in Equity in the Supreme Judi cial and Superior Courts
163
Service of Process in Suits in Equity in Probate Courts
164
Service of Process in Suits in Equity in Land Court
165
Service of Process in Suits Commenced by Writ
166
Service of Process in Suits Commenced by Writ of Summons
167
Service of Process in Suits Commenced by Writ of Summons and Attachment
168
Service of Process in Suits Commenced by Trustee Writ
169
Service of Process on Absent Defendants
170
Service of Process in Suits in Personam against Nonresi dents
171
Service of Process in Suits Quasi in Rem against Nonresi dents
172
Service of Process in Suits against Domestic Corporations
173
Service of Process in Suits against Foreign Corporations
174
Issuance and Service of Supplementary Process
175
Amendment to the Return of the Officer
176
Conclusiveness of the Return of the Officer
177
Introduction
191
Entry of Suits Commenced by Bill or Petition
192
Entry of Suits Commenced by Writ
193
Late Entry of Suits Commenced by Writ
194
Issuance of Temporary Restraining Orders
195
Issuance of Preliminary Injunctions
196
Dissolution or Modification of Injunctions
197
Attachments During Pendency of Suits
198
Requirements as to Furnishing Copy of Bill or Petition
199
Doctrine of Lis Mota
200

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