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 and Company, 1894 - 1404 sider
 

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Practice in proceedings between States 10
clxxvii
Exceptions 657
clxxvii
CHAPTER II
13
General limitation of equitable jurisdiction
14
Objection of adequate remedy at law
15
HEARING Pago
16
The same subject continued
17
Federal jurisdiction exempt from State control
18
Judges chambers
19
Jurisdictional amount inherent in the court of chancery
20
Jurisdictional amount by statute
21
The same subject continued
23
Original jurisdiction of the United States Supreme Court
24
Appellate jurisdiction of the United States Supreme Court
26
The same subject continued Review of decisions of State courts
28
Jurisdiction of the United States circuit court of appeals 80
30
Suits arising under the constitution or laws of the United
32
Mode of correcting enrolled decrees generally 889
34
Jurisdiction as dependent upon citizenship
37
The same subject continued 89
39
Change of citizenship
40
Citizenship of corporations
41
Objections on the ground of citizenship
42
Ancillary jurisdiction of the federal courts
43
The same subject continued Supplemental and crossbills
45
Residence of corporations
47
The same subject continued Waiver of objections
49
Persons capable of suing in equity
51
Suits by aliens
52
Suits against an alien enemy
53
Suits against a sovereign
54
Suits on behalf of infants
55
The same subject continued Functions of the next friend
56
Infants rights upon attaining majority
58
Suits against infants
59
The same subject continued Guardian ad litem
60
Suits on behalf of idiots lunatics and persons of weak mind
62
Suits against idiots lunatics and persons of weak mind
63
Husband and wife as parties
64
t Security for costs 85
65
The same subject continued
66
Reference to a master generally 664
67
Suits by and against executors and administrators
68
General rule on the subject of parties
69
Summary statement of the rule in the federal courts
70
Formal parties and parties without interest
71
Interested but not indispensable parties
72
Omission of parties not within the jurisdiction
73
Necessary parties illustrated
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
The same subject continued
80
Suits by members of voluntary associations
81
States
82
Joinder of complainants in cases of fraud
83
The same subject continued
84
Equitable jurisdiction of the United States district courts
85
Parties in cases of trusts
86
Parties to bills for specific performance
89
Suits to set aside fraudulent conveyances
90
Parties in bills for foreclosure
92
The same subject continued Parties defendant
94
The same subject continued Adverse claimants
96
Complainants in bills to redeem
97
Defendants in bills to redeem
98
Objection for want of necessary parties
99
Objection for misjoinder of complainants
101
Objection for misjoinder of defendants
102
CHAPTER IV
104
Informations
105
Definition and classification of bills
106
8a Authority to file a bill
107
Signature to a bill
109
Affidavit to the bill
110
The same subject continued
111
The several parts of a bill
112
The address and introduction
113
The stating part
114
The interrogating part
115
Prayer for general relief
116
The same subject continued
117
Prayer for special relief
118
The prayer for process
119
General principles of equity pleading
120
The same subject continued
121
The same subject continued IIlustrations
123
The same subject further illustrated
125
Relief secundum allegata et probata
126
The same subject continued
127
Jurisdictional averments
128
The same subject continued
129
Jurisdictional averments in the federal courts
130
The same subject continued
131
Allegations of parties interests 182
132
Allegations in excuse for laches
133
The same subject continued
134
Scandal and impertinence 186
136
The same subject continued
137
Objections for scandal and impertinence
138
The same subject contmued
139
Inconsistent allegations
140
Bills with a double aspect
141
Multifariousness generally
142
The same subject continued
144
Multifariousness in matter Bills held multifarious
145
Bill and special prayer for injunction 769
147
Multifariousness by misjoinder of complainants
148
The same subject continued IIlustrations
149
Multifariousness by misjoinder of defendants
150
The same subject continued Bills held multifarious
153
Multifariousness of bills by and against officers and stock holders
154
Two or more good grounds of suit required
155
Objections for multifariousness how taken
156
Objection by whom taken
157
Summary statement of the doctrine of multifariousness
158
Bills of discovery
159
The same subject continued
160
Bills for foreclosure
161
The same subject continued
162
Bills to redeem
164
Bills to quiet title
165
Bills to reform instruments
167
Bills to set aside fraudulent conveyances
169
14a Creditors bills
171
The same subject continued
173
Requisites of a bill of interpleader Disclaimer of interest
175
Affidavit of no collusion in interpleader
176
Offer to bring the fund into court in interpleader
177
Description of defendants claims in bills of interpleader
179
Bills in the nature of interpleader
180
Bills to perpetuate testimony
181
Bills of certiorari
182
Application for continuance 626
183
How amendments are made
184
Amendments confined to what matters
185
Amendments after demurrer sustained
187
Amendments after replication
188
Amendments after masters report
189
Amendments after publication
190
Amendments at the hearing
191
Amendments to meet the case proved
192
Amendments changing the ground of action
193
Amendments constituting a departure illustrated
194
Amendments not making a new case illustrated
196
Miscellaneous matters relating to amendments
198
Form of subpoena
201
Issue of a subpoena
203
The same subject continued
205
Who may serve a subpoena
206
Acceptance of service
207
The same subject continued
208
Service upon corporations
209
Service upon persons under disability Lunatics married women convicts
211
The same subject continued Infants
212
Substituted service of a subpoena
213
The same subject continued
214
Substituted service in proceedings in rem
215
The same subject continued
217
Service by publication
218
Preliminary affidavit Mailing Amendment of defects Effect of irregularities
219
Conclusiveness of preliminary affidavit
220
Proof of publication
221
The same subject continued
222
No personal decree on sorvice by publication
223
CHAPTER XXIL RECEIVERa _ Page
224
Return of service
225
The same subject continued Amendment of return
226
Exemption from service of process
227
CHAPTER VL
230
Dissolution upon motion 780
232
Affidavit of regularity
233
Decree pro confesso for defective answer
234
When proof of the bill is necessary
235
Decrees pro confesso against infants
237
Rights of the defendant after decree pro confesso
238
Decree pro confesso as an estoppel 289
239
The same subject continued
240
20a Who may apply to open decrees pro confesso
242
The same subject continued
243
Requisites of the application to open a decree pro confesso
244
The same subject continued
281
Demurrers bad in part
282
Demurrer for want of jurisdiction
283
The same subject continued
284
Demurrer for incapacity to sue
285
The same subject continued
286
The same subject continued Effect of sustaining demurrer
287
Formal requisites of demurrer for want of parties
288
Demurrer for defect of parties
289
Statute of limitations as a ground of demurrer
290
25a Demurrer for laches
291
The same subject continued
292
The statute of frauds as a ground of demurrer
293
Demurrer for multifariousness
294
Demurrers to amended bills
295
The same subject continued Costs
296
Title of a demurrer
297
Signature to a demurrer
298
Prayer of judgment
299
27i Motions to take demurrers off the file 800
300
Effect of judgment on demurrer 801
301
27a Overruling a demurrer 802
302
The same subject continued 803
303
27a Overruling a demurrer upon appeal 805
305
Sustaining a demurrer Leave to amend 806
306
CHAPTER IX
308
g 28L Nature of a disclaimer 808
309
28a Answer accompanying disclaimer 810
310
Disclaimer by one of several defendants 811
311
10ia Costs in foreclosure 988
312
The same subject continued 990
315
Effect of discharge 754
318
Costs of receivership 756
319
APPEALS AND APPELLATE PROCEDURE
329
Effect of dismissal without prejudice 686
332
w Frame of bill 858
335
Review of decrees by appeal
340
a Answer as a Pleading
353
Foreclosure sales by whom conducted 816
358
FEIGNED ISS0Ea Page
359
Masters authority Scope of reference 675
366
Notice of motion to dissolve 783
382
Authority to set aside sale 818
386
Parties entitled to attend a reference 676
387
CHAPTER XXV
388
Affidavits upon application to dissolve 788
389
The same subject continued 681
391
CW Answer as Evidence
392
Responsive answers illustrated 899
399
Answers not responsive illustrated
400
Answer refuting itself Contradiction of deeds
401
Answer overcome by circumstances alone
402
Answer alleging facts upon hearsay
403
Answer on information and belief
404
Answer alleging ignorance of the facts
405
Falsus in uno falsus in omnibus
406
The same subject continued
407
Answer of one defendant when available by a codefendant
408
Effect of failure to answer fully
409
Admissions in answer
410
Summary statement of the prevailing rule
411
Answer of infants
413
Enrolment of decrees Correction of clerical errors 827
414
The same subject coutinued
415
The same subject illustrated
416
Application to amend
417
At what time amendments may be allowed
418
The same subject continued
419
Amending answer upon amendment of bill
420
Amendment setting up usury and limitation
421
Amendments at the hearing
422
Amendments to meet views of the court
423
Supplemental answers
424
d Exceptions to Anbwebs 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 480
430
The same subject continued
431
Exceptions for insufficiency
433
The same subject continued
435
Exceptions to answer to amended bill
436
Procedure upon exceptions 487
437
Provisions for attorneys fees Federal and State practice 991
438
The same subject continued
439
Further answers
440
Form of exceptions
441
CHAPTER XIL CROSSBILLa Page 431 Definition and object of a crossbill
443
Where relief sought is available by answer
444
Jurisdiction of crossbills
445
Equitable relief on crossbills
446
The same subject continued Federal practice in removed cases
448
Account and specific performance on an answer
449
Who may file a crossbill
450
Cnwsbills by direction of the court
451
Relation of cross and original bill as to subjectmatter
452
Departure from the original subjectmatter 468
453
When germane to the original subjectmatter
455
Parties to crossbills
456
Leave to file a crossbill
457
Time for filing a crossbill
458
The same subject continued
459
Evidence on bill and crossbill
460
The same subject continued
461
Frame of a crossbill
462
The same subject continued
463
Process upon crossbill
464
Original and crossbill as one cause
465
Effect of dismissal of the original bill
466
Miscellaneous irregularities and waiver
467
DISMISSAL OF BILLS OTHERWISE THAN AT A HEARING Page 449 Motion to dismiss unauthorized suit
468
Right of complainant to dismiss a Exceptions 409
469
b Exceptions illustrated
470
c Proceedings upon a reference as affecting complainants right
471
45a d The rule in IIlinois
473
e The same subject continued Construction of statute
474
g Dismissal by one of several complainants
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
The same subject continued
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 600
500
Revivor by the defendant c 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
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
Title of complainant in a supplemental bill 615
515
Application for leave
516
Discretion of the court not reviewable 617
517
Frame of a supplemental bill 618
518
Parties to a supplemental bill 619
519
Proceedings on supplemental bills Demurrers and pleas
520
The same subject continued Answer
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 continued Frame of bill Proceedings
525
CHAPTER XVI
527
Judicial notice in the federal courts
530
Method of taking testimony Federal rules
531
Time for taking testimony in federal courts 632
532
The same subject continued
534
Production of documents by the plaintiff 588
536
The same subject continued 637
537
Inspection of documents on subpoena duces tecum
538
Inspection before trial
539
Interlocutory order involving inspection
540
Stipulations relating to evidence
541
The same subject continued
543
Commissions to take testimony
546
Depositions tie bene esse under acts of congress
547
The same subject continued 648
548
Objections to competency of witnesses 649
549
Argument of exceptions 695
557
MISCELLANEOUS PROCEEDINGa
560
Stipulations relating to causes when enforced
590
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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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