An Analysis of the Principles of Equity Pleading: Containing a Compendium of the High Court of Chancery, and the Foundation of Its Rules, Together with an Illustration of the Analogy Between Pleadings at Common Law and in Equity |
Contents
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Common terms and phrases
abatement affidavit aforesaid alleged allowed amend appear application assignment averments Beames bill of complaint bill of review bill of revivor Blatchf cause certiorari Chan chancery charges clerk in court codicil commencement commission common law complainant's court of chancery court of equity cross bill decree defendant defendant's denies depositions discovery entitled equity examination exceptions facts fendant filed further show granted hath hearing honorable court Humbly complaining injunction interest interpleader interrogatories issue jurisdiction letters patent matter ment Mitf motion ne exeat notice nunc pro tunc oath objection obtained original bill parties petition plaintiff plea in bar plea or demurrer pleading prayed prayer premises proceedings proper reason reference rehearing relation relief replication respect rule day show unto showeth unto statement subpoena suit supplemental bill taken term testator therein thereof thereto tion unless unto your honors Vide viva voce witnesses writ
Popular passages
Page 319 - ... 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 296 - But special injunctions shall be grantable only upon due notice to the other party by the court in term or by a judge thereof in vacation, after a hearing, which may be ex parte, if the adverse party does not appear at the time and place ordered.
Page 471 - 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 and thereby set forth and alleged...
Page 380 - May it please your honors to grant unto your orators a writ of injunction, issuing out of and under the seal of this court, to be directed to the said...
Page 295 - ... and where the plaintiff shall not so set down his cause, but shall proceed therewith to a hearing, notwithstanding an objection for want of parties taken by the answer, he shall not at the hearing of the cause, if the defendant's objection shall then be allowed, be entitled as of course to an order...
Page 402 - ... the bank, in the name and with the privity of the accountant-general of the Court of Chancery in England...
Page 298 - 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 rule day, upon proper cause shown, and due notice to the other party.
Page 360 - August, 1821, the full and exclusive right and liberty of making, constructing, using, and vending to others to be used...
Page 297 - Whenever a suit in equity shall become abated by the death of either party, or by any other .event, the same may be revived by a bill of revivor or a bill in the nature of a bill of revivor, as the circumstances of the case may require, filed by the proper parties entitled to revive the same...
Page 276 - ... up to that time, or such part thereof as the court shall deem reasonable, and unless the defendant shall undertake to file his answer within such time as the court shall direct, and submit to such other terms as...