A Selection of Cases Illustrating Equity Pleading and Practice: With Definitions and Rules of the United States Supreme Court Relating Thereto |
Other editions - View all
SELECTION OF CASES ILLUSTRATIN E. Richard (Eli Richard) B. 1864 Shipp,John Broughton 1867-1918 Daish No preview available - 2016 |
Common terms and phrases
administrator admitted affidavit alleged allowed amended answer appear application assigned authority averment bill of review bill of revivor bonds brought cause chancery charge circuit court citizen claims common law complainant counsel court of chancery court of equity creditors cross-bill debt defendant demurrer denied depositions discovery dismissed district court entitled Equity Pleading error evidence examination exception execution executor facts fendant filed final decree fraud granted ground hearing injunction interest interrogatories issue judge judgment jurisdiction justice letters testamentary Lord Chancellor Lord Eldon Louisiana matter mortgage motion ne exeat necessary parties objection opinion original bill overruled patent payment persons petition plaintiff plea practice prayed present principle proceed proceedings proper question reason reference rehearing relief rents rule rule-day STATEMENT OF FACTS.-This statute subpoena sufficient suit supreme court Sutherland Falls taken testator testimony thereof Thomas Arnold tion trust United witnesses writ
Popular passages
Page 57 - ... 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 117 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the State where the suit is brought, and a citizen of another State.
Page 116 - And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ...
Page 41 - An Act to ascertain and settle the Private Land Claims in the State of California...
Page 51 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Page 148 - January, and he shall, in all things, have and exercise the same jurisdiction and powers which were by law given to the judge of the Kentucky district, under an act entitled " An act to establish the judicial courts of the United States.
Page 350 - ... in time after the decree, and not any new proof which might have been used when the decree was made: nevertheless, upon new proof, that is come to light after the decree made, and could not possibly have been used at the time when the decree passed, a bill of review may be grounded by the special license of the court, and not otherwise.
Page 170 - that the laws of the several states, except where the constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 132 - ... 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...
Page 149 - States,' in those of equity and in those of admiralty and maritime jurisdiction, according to the principles, rules and usages which belong to courts of equity and to courts of admiralty respectively, as contradistinguished from courts of common law...