Modern Pleading and Practice in Equity in the Federal and State Courts of the United States: With Particular Reference to the Federal Practice, Including Numerous Forms and Precedents, Volum 1

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W.H. Anderson, 1894 - 1404 sider
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Nunc pro tunc decrees 797 Nunc pro tunc decrees after the death of a party 798 The same subject continued 799
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VOLUME
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Reference of a plea 676 Appointment of a master 677 The same subject continued 678 Compensation of masters 679 Payment of masters fees 680 Re...
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Decree ordering payment of money to persons not parties
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The same subject continued Infringement suits
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Reference on creditors bills Withdrawal of reference
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Contempt proceedings in the federal courts 891 The same subject continued 892 Proceedings how entitled 893 Order of commitment 894 Violation ...
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Definition of decrees
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Order of reference
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Masters authority Scope of reference 686 Bringing on a reference 687
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Issuance of writ of assistance discretionary Who may have a writ of assistance Against whom a writ of assistance will issue Proceeding to obtain writ ...
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INTRODUCTORY 1 Chancery practice in England
1
Sources of federal practice in the United States
2
Construction of Equity Rule 90
3
Code practice in the United States
4
Federal practice in respect of cases involving legal and equi table claims
5
Certiorari for diminution 937
6
Enforcement of new rights created by local
7
Enforcement of State rules of property
8
Effect of local laws further considered
9
Practice in proceedings between States
10
Equity practice in New Jersey
11
CHAPTER IL
13
Judges chambers
16
Jurisdictional amount inherent in the court of chancery
17
Jurisdictional amount by statute
18
The same subject continued
19
Original jurisdiction of the United States Supreme Court
20
Appellate jurisdiction of the United States Supreme Court
21
The same subject continued Review of decisions of State
22
The same subject continued
23
Equitable jurisdiction of the United States district courts
26
Conflict between federal and State jurisdictions
27
courts
28
Jurisdiction of the United States circuit court of appeals
30
Suits arising under the constitution or laws of the United
32
The same subject continued Supplemental and crossbills
35
Jurisdiction by residence
36
Residence of corporations
37
The same subject continued 39 Suits by assignees
39
2 8 4 12
41
935
48
67
51
8
53
9
55
11
59
Page
69
13
70
Formal parties and parties without interest
71
15
72
Omission of parties not within the jurisdiction
73
17
74
Improper parties illustrated
76
Joinder of officers of corporations as defendants
77
When personal representatives may be omitted
78
Suits on behalf of numerous parties
79
18
80
Suits by members of voluntary associations 66 Effect of the decree on absent parties
81
19
83
The same subject continued
84
Suits affecting rights of residuary legatees
85
Parties in cases of trusts
86
20
87
Parties to bills for specific performance
89
Suits to set aside fraudulent conveyances
90
Page 37
92
The same subject continued Parties defendant
94
21
95
41
96
Complainants in bills to redeem
97
Defendants in bills to redeem
98
23
99
24
100
26
101
Objection for misjoinder of defendants
102
CHAPTER IV
104
45
105
47
109
28
110
Mode of correcting enrolled decrees generally
114
Multifariousness by misjoinder of complainants
119
The same subject continued Illustrations
120
49
121
The same subject continued Bills held multifarious
122
The same subject continued Bills not multifarious
123
80
124
Page
125
32
126
35
127
51
128
The same subject continued 134 Bills to redeem 135 Bills for partition 136 Bills to quiet title 137 Bills to reform instruments 129 Summary statement ...
129
Bills of discovery
130
105
131
52
132
107
133
53
134
109
136
110
137
111
138
112
139
113
140
114
141
115
142
The same subject continued Complainants interest
143
116
144
117
145
118
146
Character of defendants claims in bills of interpleader
147
119
148
120
149
121
150
123
153
Effect of amendments
154
125
155
127
156
128
157
54
158
130
159
131
160
132
161
133
162
Amendments constituting a departure illustrated
163
134
164
60
165
138
167
139
169
141
171
142
172
62
173
6
175
145
176
Page 146
177
148
178
68
180
150
181
151
182
Application for continuance 626
183
154
184
155
185
69
186
156
187
157
188
158
189
159
190
160
191
161
192
162
193
164
196
165
198
189
201
Return day of subpoena
205
Who may serve a subpoena
206
Acceptance of service 172 Personal service of a subpoena
207
The same subject continued
208
Service upon corporations
209
Service upon persons under disability Lunatics married women convicts
211
70
212
Substituted service of a subpoena
213
The same subject continued 181 Service by publication 178 The same subject continued
214
Substituted service in proceedings in
215
The same subject continued 964
217
Preliminary affidavit Mailing Effect of irregularities
219
Conclusiveness of preliminary affidavit
220
71
221
The same subject continued
222
No personal decree on service by publication
223
RECEIVERS Page
224
Return of service
225
The same subject continued Amendment of return 189 Motion to quash for irregularity
226
Exemption from service of process
228
198
230
Decree pro confesso for defective answer
234
When proof of the bill is necessary 196 Effect of answer by one of several defendants
235
IIELE SIZE 72
237
Rights of the defendant after decree pro confesso
238
Decree pro confesso as an estoppel
239
The same subject continued 202 Opening decrees pro confesso The general rule
240
Who may apply to open decrees pro confesso 204 Grounds for opening decrees pro confesso
242
The same subject continued
243
206
244
207
245
208
246
209
247
Demurrer for want of jurisdiction
248
The same subject continued
249
Demurrer for incapacity to
250
The same subject continued Demurrer for want of parties
251
223
252
What constitutes an appearance
253
Prayer of judgment 272 Demurrer on extension of time to answer
263
73
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233
270
234
271
235
272
237
273
238
274
239
275
74
276
242
277
243
278
Demurrer to part of a bill Plea or answer overruling
279
245
280
246
281
247
282
Form of a disclaimer
283
249
284
Disclaimer at the hearing
285
Page 252
286
254
287
255
288
256
289
257
290
76
291
259
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261
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The same subject continued
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77
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266
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297
270
298
272
299
274
300
275
301
276
302
277
303
278
305
280
306
292
308
Plea of res adjudicata
309
The same subject continued
310
Pleas of release denying fraud
311
300
315
General rules of pleading 319 The same subject continued
318
Costs of receivership 756
319
301
320
The same subject continued
321
Verification of pleas
322
The same subject continued
323
302
324
303
325
Argument of a plea
326
Allowing a plea on argument
327
306
328
78
329
308
330
309
331
Defenses properly taken by answer illustrated
332
Defenses improper for an answer
333
General requisites of an answer
334
811 812 812 313
335
314
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Page 315
337
317
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319
340
321
341
322
343
324
345
79
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327
348
328
349
329
350
330
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Answer to charges of fraud Inconsistent defenses 344 Answers on knowledge information and belief 340 Inspection of documents 341 Process to co...
353
331
354
334
358
FEIGNED ISSUES Page
359
335
360
80
362
337
363
338
364
339
365
340
366
341
367
Hearing on bill and answer
368
What constitutes a responsive answer
369
343
370
345
371
346
372
81
373
349
374
83
377
Page 354
379
CHAPTER XII
380
356
381
358
384
360
386
810
388
365
389
366
391
Page
392
368
393
667
394
371
399
Answers not responsive illustrated
400
84
401
375
402
376
403
Answer on information and belief
404
380
405
383
406
The same subject continued
407
385
408
386
409
388
410
389
411
Answer of infants
413
85
414
392
415
393
416
Application to amend
417
395
418
396
419
399
420
400
421
Amendments at the hearing
422
Amendments to meet views of the court
423
Supplemental answers
424
d EXCEPTIONS TO ANSWERS 406 Definition and object of exceptions
425
What constitutes scandal
426
What constitutes impertinence
427
The same subject continued
428
Impertinence illustrated
429
What is not impertinent
430
The same subject continued
431
Crossbills by direction of the court
432
Exceptions for insufficiency
433
Departure from the original subjectmatter
434
The same subject continued
435
Exceptions to answer to amended bill
436
Procedure upon exceptions 487
437
Time for filing a crossbill
438
The same subject continued
439
678
442
Staying proceedings on the original bill 442 The same subject continued Frame of a crossbill 443 444 The same subject continued Process upon cros...
443
86
445
Original and crossbill as one cause
446
Effect of dismissal of the original bill
447
Miscellaneous irregularities and waiver
448
Motion to dismiss unauthorized suit
449
Right of complainant to dismiss a Exceptions
450
b Exceptions illustrated
451
c Proceedings upon a reference as affecting complainants
452
686
453
850
454
f Where complainant represents a class
455
g Dismissal by one of several complainants
456
351
457
439
459
441
460
Damages for delay 968
461
444 444
463
445
464
446
465
688
466
448
467
Page 468 469
468
Proper time for applying for issues 652
473
474
474
h Dismissal of part of a bill
475
i Dismissal contrary to stipulation
476
k Dismissal how effected
477
m Dismissal without costs
478
n Dismissal without prejudice
479
Certifying the verdict 655
481
The same subject continued Reinstatement
482
Dismissal for want of jurisdiction
483
Compelling complainant to elect
485
89
486
CHAPTER XIV
488
Disuse of special replications
489
Replication to an answer
490
Waiver of a replication
491
Time for filing a replication
492
Amendments and replications nunc pro tunc
493
Frame of a replication
494
CHAPTER XV
496
Effect of an abatement
498
Method of revivor
499
Title to revive
500
Revivor by the defendant or his representative
501
Frame of a bill of revivor
502
Subpoena upon a bill of revivor
503
Pleadings and proceedings upon a bill of revivor
504
Frame of a supplemental bill
505
What renders a suit defective
506
General nature of supplemental bills
507
Petition instead of supplemental bill
508
Supplemental bill not a substitute for amendments
509
Use of supplemental bills illustrated
510
The same subject continued
511
Making a new case by supplemental bill
512
The same subject continued
513
Supplemental bills inconsistent with original
514
696
515
The same subject continued Answer EVIDENCE 510 The same subject continued Replication and evidence
521
Original bills in the nature of supplemental bills
522
The same subject continued Frame of the bill
523
Original bill in the nature of a bill of revivor
524
The same subject continuedFrame of billProceedings
525
Bill of revivor and supplement
526
CHAPTER XVI
527
515 515 516
528
517
529
519
530
521
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523
534
525
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Page
537
530
539
536
546
537
547
539
548
543
549
547
553
549
555
Stipulations relating to causes when enforced
560
OrdersWho may grant orders
593
Title of an affidavit
599
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Side 29 - States, and the decision is in favor of such their validity, or where any title, right, privilege, or immunity is claimed under the constitution or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such constitution, treaty, statute, commission, or authority...
Side 28 - That a final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...
Side 369 - Fourth. That he was not the original and first inventor or discoverer of any material and substantial part of the thing patented; or, Fifth.
Side 42 - ... does not really and substantially .involve a dispute or controversy properly within the jurisdiction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed...
Side 27 - And excepting also that in any such case as is hereinbefore made final in the circuit court of appeals it shall be competent for the Supreme Court to require, by certiorari or otherwise, any such case to be certified to the Supreme Court for its review and determination with the same power and authority in the case as if it had been carried by appeal or writ of error to the Supreme Court.
Side 325 - Court or removed from a state court to a Circuit Court of the United States, it shall appear to the satisfaction of said Circuit Court...
Side 224 - Process from the tribunals of one state cannot run into another state, and summon parties there domiciled to leave its territory and respond to proceedings against them. Publication of process or notice within the state where the tribunal sits cannot create any greater obligation upon the non-resident to appear. Process sent to him out of the state, and process published within it, are equally unavailing in proceedings to establish his personal liability.
Side 528 - Provided, That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the Opinion of the Court. testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Side 133 - The party who makes such an appeal should set forth In his bill specifically what were the impediments to an earlier prosecution of his claim; how he came to be so long Ignorant of his rights, and the means used by the respondent to fraudulently keep him In ignorance; and how and when he first came to a knowledge of the matters alleged In his bill; otherwise, the chancellor may Justly refuse to consider his case on his own showing, without inquiring whether there Is a demurrer or formal plea of the...
Side 369 - That he had surreptitiously or unjustly obtained the patent for that which was in fact invented by another, who was using reasonable diligence in adapting and perfecting the same; or, Third.

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