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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Page xii
... form of a complaint without meeting adequate relief . Out of the many treatises written on the English practice ... forms , which can with little trouble , be modelled to the practice of our court . Mitford's Pleadings , is a judicious ...
... form of a complaint without meeting adequate relief . Out of the many treatises written on the English practice ... forms , which can with little trouble , be modelled to the practice of our court . Mitford's Pleadings , is a judicious ...
Page xix
... form of a bill of foreclosure , ib 56 57 59 The writ of subpæna . 68 · 1. Patent , & c . under the seal of the court , ib 2. Number of names in each subpœna , ib 3. When tested and returnable , ib 4. The time of serving it , 5. The ...
... form of a bill of foreclosure , ib 56 57 59 The writ of subpæna . 68 · 1. Patent , & c . under the seal of the court , ib 2. Number of names in each subpœna , ib 3. When tested and returnable , ib 4. The time of serving it , 5. The ...
Page xx
... Form of the notice of defendant's appearance , 222 72 ib II . Where the service of the subpoena is personal , and the de- fendant neglects to appear and answer . ib answer , 5. Copy of the order , 2. Certificate of the clerk , or ...
... Form of the notice of defendant's appearance , 222 72 ib II . Where the service of the subpoena is personal , and the de- fendant neglects to appear and answer . ib answer , 5. Copy of the order , 2. Certificate of the clerk , or ...
Page xxi
... Form of an Habeas Corpus , 85 ib ib ib 86 9. Form of the bond to be given conditioned for the de- fendant's appearance . How to proceed as in the case of a defendant absent from this state , d ' c . • 1. Affidavit proving the absence of ...
... Form of an Habeas Corpus , 85 ib ib ib 86 9. Form of the bond to be given conditioned for the de- fendant's appearance . How to proceed as in the case of a defendant absent from this state , d ' c . • 1. Affidavit proving the absence of ...
Page xxii
... Form of demurrer , ib ib ib Of pleading . 1. Party pleading in three weeks after filing the plea to set the same down for argument , 2. In disability of the person , 3. In bar , 4. Form of a plea , 114 · ib 115 ib ib Of the answer . 1 ...
... Form of demurrer , ib ib ib Of pleading . 1. Party pleading in three weeks after filing the plea to set the same down for argument , 2. In disability of the person , 3. In bar , 4. Form of a plea , 114 · ib 115 ib ib Of the answer . 1 ...
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Other editions - View all
An Historical Treatise on the Practice of the Court of Chancery of the State ... D. T. Blake No preview available - 2018 |
A Historical Treatise on the Practice of the Court of Chancery of the State ... Dominick T. Blake No preview available - 2008 |
Common terms and phrases
A. B. Complainant adultery affidavit aforesaid allowed amend annexed appear appointed assistant register bill of complaint C. D. Defendant cause certificate Chan Chancellor charge city and county city of New-York clerk commission commissioners complainant's bill copy costs counsel county of New-York court of Chancery court of equity cree deed Def't demurrer deponent depositions direct dollars doth E. F. Sol'r entered entitled equity examination exceptions execution executors fendant Form further granted guardian hath hearing honorable court I. H. Esq Ibid Idem infants injunction interest interrogatories issue Johns Master in Chancery master's report mortgaged premises motion ne exeat Newland notice oath orator payment petitioner plaintiff plea pleadings prays proceedings reference register or assistant rule solicitor Special Contents stay waste subpoena suit swer sworn taken pro confesso testator therein thereof thousand eight hundred tion unto viva voce witnesses writ
Popular passages
Page 447 - 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 263 - 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 349 - ... 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 347 - 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 81 - 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 321 - ... 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 419 - 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 44 - 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 468 - 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 111 - 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...