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

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J.T. Murden, 1818 - 650 σελίδες
 

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Περιεχόμενα

Bill impeaching the decrees of the court on the ground of fraud
47
Bill to carry decrees into execution
48
Bill in the nature of a bill of revivor
49
Bill in the nature of a supplemental bill 29 Bill to suspend the operation of decrees 30 Bill filed by the particular direction of the court 31 Bill for do...
50
Equity of redemption
57
The form of a bill of foreclosure 57
59
ib ib ib 69 ib ib ib The writ of subpæna 1 Patent c under the seal of the court 2 Number of names in each subpena 3 When tested and returnable 4 Th...
68
Precipe 14 Form of subpeda
70
Attachment
81
Habeas Corpus awarded against the defendant
84
How to proceed as in the case of a defendant absent from this state c
87
How to proceed against absent or concealed mortgagors
93
Of the remedy against the defendant by alias and pluries at tachments
95
Commission of rebellion
96
The defendant taken 974
97
Distringas ib 8 Alias and pluries ib 9 Complainants bill taken pro confesso
98
Notice of eight days
99
Affidavit of the service of the subpena ib 12 Rule for attachment
100
Attachment ib 14 Endorsement ib 15 Attachment and proclamation ib 16 Endorsement
101
Habeas Corpus
102
Endorsement ib 20 Sequestration
103
Process against a corporation
104
Endorsement
105
Defence to a suit
106
jb ib ib
111
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 8 If a ſact is charged to be w...
120
Oſ setting down the cause ſor bearing on bill and an swer
121
Of bearing 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
Before whom and how taken
131
Forms of interrogatories in equity
132
How depositions are to be taken before an examiner
134
Time of furnishing copies of the interrogatories ib 5 Rule for tbe plaintiff to produce witnesses ib 6 Præcipe to the clerk in court ib 7 Notice to the op...
135
Forın of an oatb to be administered to witnesses
136
Depositions to be read by the examiner
137
When a witness refuses to attend to be examined
138
Form of a subpena to testify before the examiner ib 15 Notice to the witness
139
Examiners certificate of the interrogatories being filed c
140
A witness once examined before an examiner
141
A witness misbehaving ib 20 The court may order the further examination of a witness is 21 Notice to the opposite solicitor of the time and place of t...
142
Showing a witness dispensed with ib 24 Form of depositions
144
Of passing publication
146
Amending deposition of witnesses ib 26 Of examining the credit or competency of a wilness
150
Notice of bling the articles
151
Of the examination of a witness de bene esse
152
Of the examination of a witness viva voce at the hear ing of the cause
154
Of expediting proceedings in a cause after issue joined
156
Of setting down the cause ib 1 Form of the er
158
Notice to the assistant register
160
Of hearing the cause
162
of rehearing
169
70
170
Practice and proceedings on appeals before the cause
177
Of compelling the appellant to present the petition
183
appeal
186
Proceedings in the court for the trial of impeachments and
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
ib ib 71
210
Appearance Title and division thereof
216
General principles on which examinations before a master are
222
The examination and answers of the defendant to
236
Time of making public the testimony 850
255
Settling the draft of the report
256
Objections to the draft of the report
257
Signing the report
258
Exceptions to the report
268
Arguing the exceptions
272
Evidence c
275
Decree of the court on the exceptions
276
Further directions
278
Final decree
281
Reference to report on exceptions to an answer
285
Evidence
290
Costs of exceptions
295
Form of exceptions to the answer
296
do of order to refer tbe same to the master
297
do of masters report thereupon jo 14 do of exceptions to the masters report
299
do of order upon hearing of these exceptions
300
Reference of bill for scandal or impertinence
301
Reference to report on and sell mortgaged premises
303
do of order of sale of premises
310
Sales before the master
312
Statues respec such sales
314
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
Form of the bill
367
do of the answer
369
Final decree
372
Peigned issue
373
Special case
387
Injunction
388
To protect the enjoyment of chattels
390
To stay proceedings in a court of law
391
To restrain the infringement of patents
396
To restrain the sale of books c
398
Injunctions on a bill of interpleader
399
Vill To restrain the use of partnership name
400
To stay proceedings on power of sale in a mortgage ib XIV For the enjoyment of a privilege
402
Proceeding upon a breach of injunction
403
Continuing injunctions ib Dissolving injunctions ib When irregularly obtained
406
Perpetual injunction ib Writ of injunction
407
Ne exeat republica
408
Form of the writ
414
Dedimus potestatem to take the testimony of witnesses
415
commissioners
416
Dedimus potestatem to take an answer abroad
424
Præcipe to the sheriff
436
Of sundry motions made in sundry cases
451
Where the service of the subpoena is personal and the de fendant appears 1 How the appearance is entered
1
Notice thereof
2
Number of commissioners to execute the commission
4
Subpæna for witnesses
10
performance of a specific duty 26
26
faavits
33
Affidavit that the plaintiff hath not the deeds inquired
35
Petitions
41
Notices of Motion
47
Orders
53
Bills 61
61
72
72
Pleas
89
Interrogatories
99
Release
108
Note of issue
147
Where the lowing of a stream is obstructed ib X In cases of forcible entry
148
Form of a plea
159

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