An Historical Treatise on the Practice of the Court of Chancery of the State of New-York: Containing All the Proceedings of a Suit, as Well in the Court of Chancery, as in the Court for the Trial of Impeachments and Correction of Errors

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J. T. Murden, no. 110 Pearl-street, 1818 - Court rules - 650 pages
 

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Contents

Terms of the court
18
Cases of injunction excepted ib 3 A bill must call all the necessary parties before the court ib 4 A bill is to be fairly and legibly written jb 5 Paper may...
19
Division of bills
22
Definition of bills
23
An original bill
27
Bill of interpleader
31
Bill of certiorarinot in use bere
32
Bill to perpetuate testimony of witnesses
33
Bill of discovery
34
Bill of quia timet
36
Bill of peace
37
Bill of information
39
Supplemental bill
40
Equity of redemption
57
The writ of subpæna
68
Certificate of the clerk or affidavit
77
Attachment
84
fendants appearance
86
How to proceed as in the case of a defendant absent from this state c
87
Form of the affidavit
91
Order of the court thereon
92
Affidavit of the printer
93
Of the remedy against the defendant by alias and pluries at tachments
95
Commission of rebellion
96
The defendant taken
97
Distringas ib 8 Alias and pluries ib 9 Complainants bill taken pro confesso
98
Notice of eight days
99
Attacbment ib 14 Endorsement ib 15 Attachment and proclamation ib 16 Endorsement
101
Habeas Corpus
102
Endorsement ib 20 Sequestration
103
Process against a corporation
104
Endorsement
105
Defence to a suit
106
demurrable
112
Of pleading
114
In disability of the person
115
of the answer
117
other
119
The whole answer to be taken together ib 6 If defendant submits to answer ib 7 To answer specially to special charges ib 8 If a fact is charged to be w...
120
Of setting down the cause for hearing on bill and an swer
121
Of hearing the cause on bill and answer
122
The form of the answer
123
Memorandum of the date of issue
125
Of the replication to the defendants answer
126
of the examination of evidence
128
Before whom and bow taken
131
Forms of interrogatories in equity
132
How depositions are to be taken before an examiner
134
Præcipe to the clerk in court ib 7 Notice to the opposite solicitor of a day being given to produce witnesses
135
of expediting proceedings in a cause after issue joined
156
of the case or abbreviated state of the pleadings for the Chan
161
Of enforcing obedience to or the performance of a decree
167
Notice accompanying a copy of the petition served upon the oppo
173
Proceedings in the court for the trial of impeachments
183
appeal
186
Motion that respondent answer
187
Of the answer to the petition ib 5 Form of order that appellant present the petition ib 6 Form of petition of appeal
188
Form of order to answer the petition
190
Forin of the answer
191
of setting down the cause and of hearing in the Court of Errors
192
mined into
196
Decision of the court
197
Costs on appeal ib 11 Remitting decree of this court to the Court of Chan cery
198
Costs
199
Taxation of costs
201
Security for costs
202
Staying proceedings till costs in another suit be paid
204
Interlocutory matters under which head will be considered orders no vions petitions c
205
Special orders
206
Common orders
207
Motions
208
Special motions
209
Motions for the amendment of a plea
214
Time of making public the testimony
250
Arguing the cause before the master
255
Settling the draft of the report
256
Objections to the draft of the report 227
258
When exceptions may and may not be taken
287
Rules respecting sufficiency c of answers
288
Of referring the exceptions to a master and his report thereon
290
Of subpena for better answer
291
Proceeding wben further answer is insufficient
293
Of exceptions to masters report
294
Costs of exceptions 095
295
Forin of exceptions to the answer
296
do of order to refer the same to the master
297
do of exceptions to the masters report
299
do of order upon hearing of these exceptions
300
Reference of bill for scandal or impertinence
301
Reference to report on and sell mortgaged premises
303
Of obtaining such reterence and proceedings thereon ib 2 Form of order of reference
305
do of masters report of amount due
306
do of affidavit of regularity
308
do of order of sale of premises
310
Sales before the master
312
Reference to a master concerning the custody of children on
326
Of appointment of a guardian ad litem
332
fants for their maintenance c
354
Divorces
356
Form of the bill
367
do of the answer
369
Feigned issue
373
do of final decree
386
Proceeding upon a breach of injunction
403
Form of the notice of application
415
Form of the commission
419
10 Oath to be taken by the commissioners
420
do by the clerk
421
Notice of the commissioners io proceeding to the exc cution of the commission
422
Oaih of the bearer of the commission taken by the clerk or a master at the time of delivering it
423
Dedimus potestatem to take an answer abroad
424
Affidavit ib 2 Notice with the names of the commissioners
425
Affidavit of service ib 4 Order of the court on motion
426
Commission ila 6 Instructions to the commissioners
428
Oath to be taken by the bearer of the commission
430
Of idiots and lunatics
431
The Chancellors charge and power in relation to them
432
Affidavit proving their state of insanity
433
Petition to the Chancellor praying for a commission
434
Commission of lunacy
435
Præcipe to the sberiff
436
Directions to the commissioners for executing the com mission
437
Warrant to produce the lunatic
439
Subpæna for witnesses
440
lunatic
446
Order for committing the person and estate of the lunatic
448
Recognizance entered before the master and his cer tificate thereof
449
Order of contirmation
450
Of sundry motions made in sundry cases
451
io appoint a receiver ib 2 For the payment of money into court
454
For a defendant a feme covert to answer separately
455
For leave to defend in forma pauperis
456
To stay proceedings till cross bill is answered
457
For the production of deeds
458
To suspend the execution of a Jecree ib 8 To restrain a creditor from suing at law
459
For leave of a trustee to lease infants estate
460
For leave to prosecute or coise in under a decree ib 12 To confirm a report nisi or make it absolute ib 13 For a purchaser to complete bis purchase
461
Mortgages foreclosed under the statute
462
An act in relation to mortgages
463
Where the service of the subpena is personal and the
1
Certificate of the master allowing
11
Afidavits
33
Petitions
41
Notices of Motion
47
Orders
53
Bills 61
61
Pleas
89
Interrogatories
99
Release
108
Dedimus potestatem to take the testimony of witnesses
136
Motion for an order of reference to a master
153
In bar ib 4 Form of a plea
159
Reference to a master to examine and state an account
161

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Common terms and phrases

Popular passages

Page 445 - Now if there be no lawful cause to obstruct the said marriage then the above obligation to be void, else to remain in full force and virtue.
Page 261 - If the payment exceeds the interest, the surplus goes toward discharging the principal, and the subsequent interest is to be computed on the balance of principal remaining due. If the payment be less than the interest, the surplus of interest must not be taken to augment the principal; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due, and then the surplus is to be applied toward discharging the principal; and interest is to...
Page 347 - ... and assigns, make, do, and execute, or cause to be made, done, and executed, all and every such further and other lawful and reasonable acts...
Page 345 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof...
Page 79 - Justice wheresoever the said Court shall then be, there to answer to us, as well touching a contempt which he it is alleged hath committed against us, as also such other matters as shall be then and there laid to his charge...
Page 319 - ... together with all and singular the rights, members, privileges, hereditaments and appurtenances to the same belonging or in any wise appertaining. To have and to hold the said...
Page 417 - You shall, according to the best of your skill and knowledge, truly, faithfully, and without partiality to any or either of the parties in this cause, take the examinations and depositions of all and every witness and witnesses, produced and examined by virtue of the commission hereunto annexed, upon...
Page 42 - No bill of review shall be admitted, or any other new bill, to change matter decreed, except the decree be first obeyed and performed : as, if it be for land, that the possession be yielded ; if it be for money, that the money be paid ; if it be for evidences, that the evidences be brought in ; and so in other cases which stand upon the strength of the decree alone. 4. But if any act be decreed to be done which extinguisheth the parties...
Page 466 - Usual way, that then the mortgagee shall re-convey the estate to the mortgagor : in this case the land, which is so put in pledge, is by law, in case of nonpayment at the time limited, for ever dead and gone from the mortgagor ; and the mortgagee's estate in the land is then no longer conditional, but absolute. But so long as it continues conditional, that is, between the time of lending the money and the time allotted for payment, the mortgagee is called tenant in mortgage.
Page 109 - These defendants by protestation not confessing or acknowledging all or any of the matters in and by the said bill set forth and complained of to be true in manner and form as the same are therein and thereby set forth and alleged...

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