Principles of Equity Drafting: With an Appendix of Forms

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Butterworths, 1865 - Drafting - 378 pages

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Page 186 - The object, in each case, of giving the names and descriptions of the parties, is to enable the Court, and the other parties in interest, to know, where and to whom they may resort to compel obedience to any order or process of the Court, and especially...
Page 339 - ... judgment of this honorable court whether he shall be compelled to make any further or other answer to the said bill : and he humbly prays to be hence dismissed with his reasonable costs in this behalf sustained.
Page 345 - The Answer of James Styles, one of the abovenamed Defendants to the Bill of Complaint of the above-named Plaintiff. In answer to the said bill, I, James Styles, say as follows :— 1 — I believe that the defendant, Henry...
Page 338 - 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...
Page 260 - Mortgage of the 1st of .May, 1850, which trees and timber are a material part of the plaintiff's said security ; and if the same or any of them were felled and taken away, the said mortgaged premises would be an insufficient security to the plaintiff for the money due thereon. 7. The defendant James Styles, who is in possession of the said farm, has marked for felling a large quantity of the said oak and elm trees and other timber, and he has, by...
Page 187 - ... the rights of the plaintiff or person exhibiting the bill, by whom and in what manner he is injured, or in what ho wants the assistance of the court.
Page 260 - ... [That the Defendant may be decreed to pay to the Plaintiff the amount which shall be so found due within one calendar month, &c.] 3.
Page 27 - There must be such certainty, in the averment of the title upon which the bill is founded, that the defendant may be distinctly informed of the nature of the case which he is called upon to meet: Story, Eq., Pr., § 241; Houghton vs.
Page 280 - I do direct that the receipt and receipts of my said trustees, and the survivor of them, and the heirs and assigns of such survivor...
Page 129 - I have always considered that a general charge enabled you to put all questions upon it that are material to make out whether it was paid ; and it is not necessary to load the bill by adding to the general charge that it was not paid, that so it would appear if the defendant would set forth when, where, &c.

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