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, 1818 - Court rules - 650 pages
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Contents

Bill filed by the particular direction of the court
51
Patent c under the seal of the court
68
How to proceed as in the case of a defendant absent from this
85
How to proceed against absent or concealed mortgagors
93
Notice of eight days
99
Commission of rebellion
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 3 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
of the examination
129
Before whom and how taken
131
Forms of interrogatories in equity
132
How depositions are to be taken before an examiner
134
Pręcipe to the clerk in court ib 7 Notice to the opposite solicitor of a day being given to produce witnesses
135
Form of the notice
142
Of examining the credit or competency of a witness
150
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
39
169
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
Form 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 or costs
202
Staying proceedings till costs in another suit be paid
204
Interlocutory matters under which head will be considered orders novions petitions c
205
Special orders
206
Common orders
207
Motions
208
Special motions
209
Motion for amendment of pleadings and first of the complain
210
Motions for dismissing a bill for want of prosecutionaffidavit
216
General principles on which examinations before a master are
222
The examination and answers of the defendant to
235
Exceptions to the report
268
Form of the bill
367
do of the answer
369
Final decree
372
Special case
387
To protect the enjoyment of chattels
390
To stay proceedings on power of sale in a mortgage ib XIV For the enjoyment of a privilege
402
Attachment
403
Continuing injunctions ib Dissolving injunctions ib When irregularly obtained
406
Perpetual injunction ib Writ of injunction
407
Ne exeat republica
408
Dedimus potestatem to take the testimony of witnesses
415
commissioners
416
Form of the commission
419
Oath to be taken by the commissioners
420
do by the clerk
421
Notice of the commissioners in proceeding to the exc cution of the commission
422
Subpoena to testify before the commissioners ib 16 Oath 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 ib 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
Pręcipe to the sheriff
436
Directions to the commissioners for executing the com mission
437
Warrant to produce the lunatic
439
Subpoena for witnesses
440
Recognizance entered before the master and his cer
449
Mortgages foreclosed under the statute
462
The secretary of state to procure books for the purpose
463
How to proceed against the defendant by attachment
1
Notice thereof
2
Number of commissioners to execute the commission
4
The inquisition signed by the jury
11
Endorsement
14
A writ of execution in nature of a ca sa to compel
26
Affidavits
33
Affidavit that the plaintiff hath not the deeds inquired
35
Petitions
41
Notices of Motion
47
Orders
53
A bill for a redemption of a mortgage
60
66
66
Bill of review
72
A supplementary bill to deliver up deeds and writings
78
Pleas
89
24
97
Interrogatories
99
Release
108
How an attachment is obtained
129
33
152
462
153
In bar ib 4 Form of a plea
159
Defendant refusing to cause his appearance to be
160
Absolute deeds in terms yet subject to a defeasance shall
166

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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...

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