Cases in Equity Pleading: With Summaries of Doctrine Upon Several Heads of that Subject |
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Common terms and phrases
according action admitted agreement alleged allowed amendment amount answer appear application authority averment Bank bill brought called cause Chancery charged circumstances claim common Company complainant consideration considered contained contract course court court of equity decree deed defendant demurrer denied discovery distinct effect entitled equity established evidence exceptions execution facts filed fraud further granted ground hearing held infra interest interrogatories issue judge judgment jurisdiction land Lord material matter ment mortgage nature necessary notice objection obtained opinion original overruled particular parties persons plaintiff plea pleading possession practice prayed prayer present principle proceedings proof proper prove purchase question reason received relief respect rule sought specific statement statute Story sufficient suit sustained taken tion true trust United whole
Popular passages
Page 227 - It is a doctrine of law too long established to require a citation of authorities that, where a court has jurisdiction, it has a right to decide every question which occurs in the cause, and whether its decision be correct or otherwise, its judgment, till reversed, is regarded as binding in every other court...
Page 616 - It is not sufficient, as shown by the cases cited, to call forth the equitable interposition of the court, that the legal obligation under the contract to do the specific thing desired may be perfect. It must also appear that the specific enforcement will work no hardship or injustice...
Page 371 - In cases where they apply"; and also with section 914, providing that "the practice, pleadings and forms and modes of proceeding In civil causes, other than equity and admiralty causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time In like causes In the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Page 240 - In this class of cases the plaintiff is held to stringent rules of pleading and evidence, 'and especially must there be distinct averments as to the time when the fraud, mistake, concealment, or misrepresentation was discovered, and what the discovery is, so that the court may clearly see whether, by ordinary diligence, the discovery might not have been before made.
Page 618 - But it is a rule equally well established that, after the term has ended, all final judgments and decrees of the court pass beyond its control, unless steps be taken during that term, by motion or otherwise, to set aside, modify or correct them...
Page 329 - Where the whole amount is sought to be recovered the proceeding must be at law. Where less is required the proceeding may be in equity, and in such case an interlocutory decree may be taken for contribution, and the case may stand over for the further action of the court — if such action should subsequently prove to be necessary — until the full amount of the liability is exhausted.
Page 328 - ... points to be contested, and the result which would follow If jurisdiction should be assumed or denied; these various matters being factors to be taken into consideration upon the question of equitable Jurisdiction on this ground, and whether, within reasonable and fair grounds, the suit is calculated to be in truth one which will practically prevent a multiplicity of litigation, and will be an actual convenience to all parties, and will not unreasonably overlook or obstruct the material interests...
Page 250 - ... and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence; where these are wanting, the court is passive and does nothing. Laches and neglect are always discountenanced...
Page 371 - No demurrer or plea shall be allowed to be filed to any bill, unless upon a certificate of counsel, that in his opinion it is well founded in point of law, and supported by the affidavit of the defendant; that it is not interposed for delay; and, if a plea, that it is true in point of fact.
Page 122 - The answer must state in short and simple form any counterclaim arising out of the transaction which is the subject-matter of the suit, and may, without cross-bill, set up any set-off or counterclaim against the plaintiff which might be the subject of an independent suit in equity...