Cases in Equity Pleading: With Summaries of Doctrine Upon Several Heads of that Subject |
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Common terms and phrases
admitted amendment answer appear averment Bank Bank of United bill alleged bill in equity brought cause of action Chancellor charge circumstances claim Clark common law complainant complainant's contract conveyance Court of Chancery court of equity creditors decree deed defendant defendant's demurrer denied disclose discovery distinct effect entitled equity court equity pleading evidence exception execution facts alleged fendant filed fraud fraudulent ground heir held impertinent infra interrogatories issue judgment jurisdiction laches land Levy litigation Lord material matters ment misjoinder mortgage multifarious N. J. Eq necessary oath objection obtained overruled Paige parties person plaintiff plea pleader possession practice prayer for relief premises principle proceedings proof proper prove purchase purpose question remedy sheriff's deed Smith sought special prayer specific statement statute Statute of Limitations sufficient suit sustained thereof tion transaction trust void
Popular passages
Page 595 - ... that the plaintiff was a shareholder at the time of the transaction of which he complains or that his share thereafter devolved on him by operation of law...
Page 516 - ... shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross claim.
Page 529 - No special replication to any answer shall be filed; but if any matter alleged in the answer shall make it necessary for the plaintiff to amend his bill, he may have leave to amend the same, with or without the payment of costs, as the court or a judge thereof may in his discretion direct.
Page 599 - ... proper parties to the suit, cannot be made parties by reason of their being out of the jurisdiction of the court, or incapable otherwise of being made parties, or because their joinder would oust the jurisdiction of the court as to the parties before the court, the court may, in its discretion, proceed in the cause without making such persons parties; and in such cases the decree shall be without prejudice to the rights of the absent parties.
Page 275 - 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 599 - ... prayer of his bill; but he may appear and answer at his option: and if he does not appear and answer he shall be bound by all the proceedings in the cause. If the plaintiff shall require him to...
Page 105 - ... for the discovery by the opposite party or parties of facts and documents material to the support or defense of the cause...
Page 595 - It must also set forth with particularity the efforts of the plaintiff to secure such action as he desires on the part of the managing directors or trustees, and, if necessary, of the shareholders, and the causes of his failure to obtain such action, or the reasons for not making such effort.
Page 246 - This defendant, by protestation, not confessing or acknowledging all or any of the matters and things in the said bill of complaint contained to be true, in such manner and form as the same are therein set forth and alleged...
Page 204 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his rights, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence.