A Manual of Equity Pleading and Practice: State and Federal with Illustrative Forms, and Including the Federal Equity Rules of Court. Special Attention Given to Modern Practice in Relation to the Master's Office
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affidavit affirmed aforesaid alleged amendment answer appear appellee appointed averments bill of complaint bill of review cause certificate Chan Circuit Court claim clerk commissioners common law complainant complainant's conclusions of fact Cook County costs court of chancery Court of Cook court of equity cree cross-bill day of A. D. decree default defendant demurrer dence denying depositions discretion dismissed Eliza Johnson entitled error evidence examination facts fees filed findings further Goltra granted hearing Illinois injunction interest interrogatories issue judge judgment jurisdiction land Master in Chancery master's report mortgage motion necessary notice oath objection oral order of reference original bill parties petition plainant plaintiff plaintiff in error plea pleadings prayed prayer premises proceedings proofs proper receiver record relief replication rule day solicitor Stat statute suit sworn taken testimony thereof tion trust deed U. S. Eq unless waived witnesses writ
Page 205 - Every bill brought by one or more stockholders in a corporation against the corporation and other parties, founded on rights which may properly be asserted by the corporation...
Page 188 - In all cases where it shall appear to the court that persons, who might otherwise be deemed necessary or 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...
Page 169 - All parties accounting before a master shall bring in their respective accounts in the form of debtor and creditor; and any of the other parties who shall not be satisfied with the accounts so brought in shall be at liberty to examine the accounting party, viva voce, or upon interrogatories in the master's office, or by deposition, as the master shall direct.
Page 180 - The prayer for process of subpoena in the bill shall contain the names of all the defendants named in the introductory part of the bill, and if any of them are known to be infants under age, or otherwise under guardianship, shall state the fact, so that the court may take order thereon as justice may require, upon the return of the proces.
Page 191 - Whenever any suit in equity shall become defective from any event happening after the filing of the bill (as, for example, by change of interest in the parties), or for any other reason a supplemental bill, or a bill in the nature of a supplemental bill, may be necessary to be filed in the cause, leave to file the same may be granted by any judge of the court on any ruleday upon proper cause shown and due notice to the other party.
Page 176 - If the decree be for the performance of any specific act, as, for example, for the execution of a conveyance of land or the delivering up of deeds or other documents, the decree shall, in all cases, prescribe the time within which the act shall be done, of which the defendant shall be bound, without further service, to take notice...
Page 204 - In all cases where the rules prescribed by this court or by the Circuit Court do not apply, the practice of the Circuit Court shall be regulated by the present practice of the high court of chancery in England...
Page 183 - If the plaintiff so obtaining any order to amend his bill after answer or plea or demurrer, or after replication, shall not file his amendments or amended bill, as the case may require, in the clerk's office, on or before the next succeeding rule day, he shall be considered to have abandoned the same, and the cause shall proceed as if no application for any amendment had been made.
Page 187 - A defendant shall be at liberty, by answer, to decline answering any interrogatory, or part of an interrogatory, from answering which he might have protected himself by demurrer ; and he shall be at liberty so to decline, notwithstanding he shall answer other parts of the bill, from which he might have protected himself by demurrer.