A Treatise on Equity Pleading and Practice: With Illustrative Forms and Precedents

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Callaghan, 1913 - 1368 sider
 

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Importance of a Knowledge of Equity Pleading and Practice
13
CHAPTER II
15
Suits by and against Sovereigns
17
Infants
19
Suits by and against Married Women
20
Idiots Lunatics and Persons of Weak Mind
22
Receivers
27
Foreign Corporations
30
Foreign Guardians Conservators Committees etc 17 Foreign Executors and Administrators
31
CHAPTER III
34
Converse of General Rule True
36
Exceptions to the General Rule in Regard to Parties
37
1b Omission of Personal Representative 24 1c Where Persons are Unknown
40
2 Persons Exceedingly NumerousIn General
41
2a One Suing for All Where Question Is One of Common or General Interest
42
2b Parties Forming a Voluntary Association
43
2c Numerous Parties Having Separate and Distinct Interests
45
Decree Furnishing a Ground to Dispense With Numerous Parties 30 3 Persons Whose Interests are Very Small
47
4 Persons With Interests Created to Oust Jurisdiction 32 5 Parties Disclaiming All Interest in the Controversy or against Whom Rights are Waived or ...
48
Doctrine of Representation 34 Representation by Trustees
51
Executors and Administrators
52
Life Tenants and Remaindermen
53
Trustees in Insolvency 38 Corporations
54
Suit by Stockholder on Behalf of Corporation
55
Classification of Parties
57
Illustrations of Necessary or Indispensable Parties
59
Illustrations of Proper but Not Indispensable Parties
59
Suits Must be Brought in the Name of Real Party in Interest
62
Parties in Cases of Assignments
63
Agents and Other Persons in Similar Relations
65
Bankrupts and Assignees
66
Making Witnesses Parties Defendant
67
Joinder of Complainants
69
Complainants Having Community of Interest
70
Community of Title
73
Defendants to Bills
74
Joinder of Defendants
75
Bringing in New Parties
77
Substitution of Parties
78
Intervention
80
Objection for Want of Necessary Parties
81
Objection Should Point Out Proper Parties
83
Correction on Courts Own Motion 59 Effect of Misjoinder
84
Position of Parties on Record
85
CHAPTER IV
87
Construction of Equity Pleadings
88
Name and Nature of Pleading
89
CHAPTER V
90
Division of Bills in Equity
92
Divisions of Original Bills
93
Division of Bills not Original
94
67a Table Illustrating Classification of Bills 68 The Several Parts of a BillIn General
95
Form and Illustration of the Several Parts of an Original Bill
97
The Address of the Bill
101
The Introduction
102
The Stating Part
104
T Confederating Part of the Bill
105
The Charging Part of the Bill
106
The Jurisdiction Clause 76 The Interrogating Part
107
The Prayer for Relief
109
Prayer for Process
113
Form of Prayer for Subpoena 80 Form of Prayer for Writ of Ne Exeat 81 Forms of Prayer for Injunction
114
Signing the Bill
115
Swearing to the Bill
116
Form of Jurat 85 General Rules Concerning BillsCertainty
119
Allegations Within and Without Complainant Knowledge 87 Bill Must State Sufficient Facts
121
Amount Involved Must not be Beneath the Dignity of the Court
123
How Parties Described 90 Interest of Parties and Injury to Complainant
124
Offer to Do Equity
127
Excusing Laches
127
Charging Notice
127
Excusing Failure to Join Proper Party 95 Allegations Relative to Mistake or Accident
130
Bill to Open Settled Account 97 Relief against Usury 98 Allegations of Fraud
131
Pleading Documents
132
Allegations on Information and Belief
135
Legal Conclusions Not to be Stated 103 Matters Judicially Noticed
137
Admissions of Defendant
138
Inconsistent Allegations 106 Bills With a Double Aspect
139
Bills should Not be Multifarious
141
Misjoinder of Causes
143
Avoidance of Multiplicity as an Excuse for Multifariousness
145
Prayer for Relief Making Bill Multifarious
146
Multifariousness Resulting from Misjoinder of Complainants
147
Suits in Personal and Representative Capacities
149
Multifariousness Resulting from Misjoinder of Defendants
150
Bills against Defendant in Different Capacities 115 Mode of Objecting to Multifariousness
153
Splitting up Causes
154
Bills must Not be Scandalous or Impertinent
155
General Form of Bill 119 Authority to File Bill
157
Filing the Bill
159
CHAPTER VI
160
Frame of Subpoena
161
Form of Subpoena
162
Service of Process
163
Service on Persons Under Disability
164
Service on Corporations
165
Service on Prisoner 128 Mode of Service
166
Extraordinary or Substituted Service
168
Constructive Service
169
Effect of Substituted or Constructive Service
170
Return of Service
172
132a Illustration of Form of Return 133 Acceptance of Service
173
Amendment of Return
174
Effect of Return
175
Defective Service
177
Persons Privileged from Service of Process
178
Processes to Compel Appearance
180
CHAPTER VII
185
Necessity for Service of Process
186
Necessity of Entry of Rule to Answer 144 145 146 147 Proof of Regularity of Proceedings
187
Pleadings to Sustain Decree Pro Confesso
188
Proof of Bill
189
Reference to Determine Complainants Claims 148 Notice to Defendant
190
Effect of Defense by One of Several Defendants
191
Nature and Effect of Orders Pro Confesso
192
Decrees Pro Confesso
193
Forms of Orders Pro Confesso as Used in Cook County Illinois
195
Effect of Taking a Decree Pro Confesso
196
Effect of Decree Pro Confesso Where There Is No Personal Service
197
Decrees by Confession against Infants and Other Persons Un der Disability 156 Opening Orders and Decrees Pro Confesso
198
Imposing Conditions 158 Proceedings to Set Aside Order or Decree Pro Confesso
200
Filing Counter Affidavits
202
Setting Aside Orders and Decrees Pro Confesso Discretionary 161 Effect of Vacating Decree Pro Confesso
203
Effect of Amendment of Bill
204
Statutory Provisions for Vacating Decrees Pro Confesso
205
Form of Affidavit in Support of Motion to Set Aside Order Pro Confesso 165 Form of Order Vacating Default and Order Pro Confesso
206
CHAPTER VIII
207
What Constitutes an Appearance
208
General or Special Appearance
209
Time for Appearance 170 Effect of an Appearance
212
Who may Appear
213
Withdrawal of Appearance
215
Forms of AppearanceGeneral in Illinois
216
Appearance by Corporations 176 Appearance by Married Women
217
Appearance by Infants
218
Consent of Guardian Ad Litem to Act 179 Order of Appointment
220
Form of Petition for Appointment of Guardian Ad Litem
221
Form of Order Appointing Guardian Ad Litem 182 Appearance by Persons Non Compos Mentis
222
CHAPTER IX
224
Form of Exceptions to a Bill for Scandal or Impertinence 187 Motion to Produce Papers
225
Security for Costs
227
Application to Defend as Pauper
228
CHAPTER X
229
Defenses to Different Kinds of Bills 192 Joinder of Several Defenses
230
Incorporating Demurrer or Plea in Answer
231
CHAPTER XI
233
Dismissal of Bill on Motion
234
Who May Demur
235
Demurrer Coupled with Plea or Answer
236
Abandonment or Waiver of Demurrer 199 Admissions by Demurrer
237
Separate Demurrers
239
Demurrer Ore Tenus
240
Demurrer to Bill Good in Part 204 Demurrer Cannot be Good in Part and Bad in Part
241
Demurrers are Either General or Special
242
Several Causes of Demurrer 207 Classification of Demurrers in General
243
Demurrers to Jurisdiction
244
Demurrers to the Person
247
Triviality of SubjectMatter of Suit 211 Want of Interest or Title in Complainant
249
No Right to Call Upon Defendant to Answer Complainants Demand 213 Demurrer for Want of Interest of the Defendant
250
Demurrer to Bill to Enforce Penalty or Forfeiture
251
Demurrer for Defects of Form 216 Multifariousness
252
Demurrer for Want of Parties 218 Misjoinder of Parties 219 Frame of Demurrer
253
Forms of DemurrersFor Want of Equity
255
Filing Demurrer
258
Admitting Demurrer
259
Withdrawing Demurrer 224 Form of Order on Withdrawal of Demurrer 225 Demurrer to Amended Bill
260
Setting Down Demurrer for Argument 227 Form of Notice of Argument of Demurrer
261
Hearing on Demurrer
262
Sustaining the Demurrer
263
Form of Order Sustaining Demurrer
265
Form of Order Sustaining Demurrer and Dismissing Bill in Illinois 232 Overruling Demurrer
266
Form of Order Overruling Demurrer 234 Taking Demurrer Off the Files
268
CHAPTER XII
270
Different Kinds of Pleas 287 Pure Pleas
271
Negative Pleas
273
Anomalous Pleas
274
Plea may be to Whole or Part of Bill
275
Strictness in Pleas 243 Pleas of Matter Subsequent to the Filing of the Bill 244 Duplicity in Pleas
276
Filing More Than One Plea
277
Pleas Supported by Answer
278
Plea Overruled or Waived by Answer
282
Frame of Plea
283
Signing and Swearing to a Plea
284
Form of Plea
286
Plea to Part and Answer to Residue of Bill 251a Form of Plea Supported by Answer
287
Division of Pleas
288
Division of Pleas to Bills for Relief 254 Declinatory Dilatory and Peremptory Pleas 255 Pleas to the Jurisdiction
289
Pleas to the Person
290
Pleas to the Bill or Frame Thereof
291
Plea of Pendency of Another Suit
292
Plea for Want of Proper Parties
295
Plea of Multiplicity of Suits 261 Plea of Multifariousness 262 Pleas in Bar to a Bill 263 Pleas Founded on Statutory Bar 264 Plea of Statute of Limitati...
296
Statute of Frauds
297
Plea of Other Statutes 267 Pleas of Matter of Record
299
Pleas of Matter as of Record
300
Pleas of Matters Purely in Pais 270 Plea of Release
301
Pleas of Stated Account and Settled Account
302
Plea of an Award
303
Plea of Purchase for a Valuable Consideration
304
A Plea of Title in the Defendant
305
Plea of Laches
306
Plea to Amended Bill 277 Time for Filing Plea
307
Withdrawing Plea 279 Replication to the Plea
308
Setting Down Plea for Argument
309
Allowing the Plea
311
Form of Order Allowing Plea 283 Saving Benefit of Plea to the Hearing
312
Ordering Plea to Stand for Answer
313
Form of Order that Plea Stand for an Answer 286 Overruling Plea
314
Reference to a Master 289 Form of Order of Reference
315
Hearing on Plea
316
CHAPTER XIII
317
Twofold Nature of Answer 293 Answering Complainants Case
318
What must be Answered
320
Allegations of Fraud 296 Answering Only Own Case
322
Answer as Defense
323
Joinder of Defenses in Answer
325
Defense of Bona Fide Purchase
326
Laches and Statute of Limitations 301 Statute of Frauds
327
Pleading a Statute 303 Usury
328
Other Defenses Proper by Answer
329
Matters Occurring Since the Filing of the Bill 306 Frame of Answer
330
Signing the Answer
331
Swearing to Answer
332
Forms of Orders Concerning Verification and of JuratsOrder to Take Answer without Oath or Signature
335
General Form of Answer
336
Forms of AvermentsWhere Defendant Is Entirely Ignorant with Regard to Statement in Bill
337
Certainty and Positiveness in Answering 313 Answering on Knowledge Information and Bellef
339
Denials and Admissions in Answer
341
Responsiveness
343
Impertinence and Scandal in an Answer
344
Joint or Several Answers
345
Answer by Infant
346
Form of General Answer of Infant by Guardian Ad Litem
347
Answer of Persons Non Compos Mentis or Under Physical Dis abilities 321 Answer of an Illiterate Person 322 Answer of a Foreigner
348
Answer of a Corporation
349
Answers by Married Women 325 Answer by Defendant in Contempt
350
CHAPTER XIV
354
Definition and Office of Exceptions 334 Exceptions for Insufficiency
355
When Exceptions for Insufficiency will not
358
Exceptions to Answers to Amended Bills 337 Exceptions for Impertinence and Scandal
359
Frame of Exceptions
361
Form of Exceptions for Insufficiency 340 Form of Exceptions for Scandal and Impertinence
363
When Exceptions should be Filed 342 Waiver of Exceptions
364
Effect of Exceptions 344 Procedure upon Exceptions
365
Form of Order of Reference on Exceptions
368
Form of Report upon Exceptions 347 Form of Exceptions to Masters Report on Exceptions to An swer 348 Order for Further Answer on Masters Re...
369
Form of Order for Answer on Submission to Exceptions 350 Form of Order to Expunge Scandal and Impertinence from An swer on Report of Maste...
370
Order for Further Answer
371
Form of Order for Production by Defendant
373
CHAPTER XV
374
Production of Documents by Complainant 875 Form of Order for Production of Papers by Complainant 376 Right of Defendant to Compel Producti...
376
Inspecting Documents
377
Form of General Disclaimer
378
Right of Defendant to Require Amendment
379
Court cannot on its Own Motion Amend Pleadings
380
Discretion of Court as to Amendments
381
Power to Impose Conditions
382
Form of Replication
383
CHAPTER XVII
384
Adoption of Rules
385
Suspension of Rules
386
Construction of Rules 362 Rules Operate Prospectively
387
Amending Rules 364 Proof of Rules
388
CHAPTER XVIII
389
Amendment of Prayer
390
Amendments Making Bills Multifarious not Allowable
391
Form of Order that Complainant Elect 367 Form of Election
392
CHAPTER XIX
393
In General
396
Form of Order to Pay Money into Court
398
CHAPTER XX
399
Production by Defendant
400
In General
413
Motions
414
Motions of Course
415
Special or Contested Motions
416
Who may Make a Motion
417
Notice of Motions
418
Proof of Service of Notice
419
Amendment of Answer
420
Hearing of Motions
421
Matters Arising Subsequent to Filing the Answer
422
Answer Making New Defense
423
Effect of Amending Answer 397 Amending Plea
424
Amendment of Demurrers
425
Amendment of Replication 400 Amendment of Exceptions 401 Amendment of Cross Bill 402 When Application to Amend Bill should be Made
426
Mode of Applying for Leave to Amend
427
Form of Petition for Leave to Amend
428
Form of Petition to Amend Bill by Adding a Defendant 406 How Amendments are Made
429
Common Orders
430
Verification of Amended Pleadings 408 Form of Amendments to Bill
431
Order to Amend 410 Form of Order Granting Leave to File Amendment to Bill
432
Form of Order for Leave to Amend Answer
433
Frame of Orders
434
Entry of Order Nunc Pro Tunc
435
Notice and Service of Orders
436
Orders to Show Cause
437
Enforcement of Orders
438
Effect of Irregular or Void Orders 440 Opening Modifying and Discharging Orders CHAPTER XXIII
440
Definition and General Nature
441
By Whom to be Made
442
Who may Take an Affidavit
443
Frame and Requisites of Affidavit
444
Amendment of Affidavit
445
Stipulations
447
Validity of Stipulations
448
Construction of Stipulations
449
Upon Whom Stipulations are Binding
450
Stipulations Concerning Evidence
451
Frame of Stipulation
452
Form of Stipulation
453
Admissions of Record
471
Form of Order Appointing Receiver on Foreclosure of Mortgage
472
Renewal of Application for Receiver
473
CHAPTER XXV
474
Receivers Bond
475
Form of Order of Consolidation
476
CHAPTER XXVI
477
Asserting Claims against Receiver
478
CHAPTER XXVII
479
When a Receiver will be Appointed
480
Discharge of Receivers
481
Who may be Receivers
482
483 In General
483
Requisites of Bill 463 Form of Bill for Receiver
484
When the Writ may be Applied
485
At What Stage Receiver Appointed
486
How to be Applied
487
Form of Motion 467 Necessity of Notice
488
Form of Notice of Motion for Appointment of a Receiver
489
By Whom Appointed
490
Bond
491
Form of Motion for Injunction
507
Against Whom Granted
508
Discharging Ne Exeat
509
Form of Order in Suit for Accounting and Injunction
510
Form of Decree Denying Injunction and Dismissing Bill
511
Dissolution for Want of Equity
520
Answer Denying Averments of Bill
521
How Obtained 503 Form of Bill for Injunction to Restrain Waste
522
Form of Bill for Injunction
525
Form of Recommendation by the Master
527
Dissolution of Injunction
536
Dissolution for Want of Equity 521 Answer Denying Averments of Bill
537
Where There are Several Defendants
539
Motion to Dissolve by One in Contempt 524 Necessity of Giving Notice of Motion to Dissolve
540
Form of Notice of Motion to Dissolve 526 Affidavits in Support of Motion to Dissolve
541
Considerations Determining Question of Dissolution
542
Effect of Bad Faith in Obtaining Injunction
543
Effect of Laches 530 Order of Dissolution
544
Form of Decree Dissolving Injunction and Dismissing Bill for Want of Equity 532 Dismissal of Bill upon Motion to Dissolve
545
Form of Decree for Perpetual Injunction
546
CHAPTER XXX
547
What are Contempts
548
Answer
549
Void Orders 538 Preliminaries to Bringing Party into Contempt
550
Practice upon Contempts
551
Entitling Cause
552
The Affidavit or Information
553
Form of Information against Contemnors
554
Notice and Initial Process
555
Purging Contempt
560
Inability to Perform Order 552 Form of Answer to Rule to Show Cause
563
Interrogatories and Reference 554 Trial of ContemptsRight to Trial by Jury
565
Judgment
566
Form of Order Adjudging Contemnor Guilty
567
Another Form
568
Mode of Punishment
569
Effect of Being in Contempt
570
Review of Contempt Proceedings
571
CHAPTER XXXI
574
Dismissal on Motion of Complainant
575
Effect of Agreements Concerning Dismissal
578
Dismissal of Part of a Bill 565 Dismissal by One of Several Complainants 566 Dismissal of Bill by One in Contempt 567 Dismissal of Bill as to Portio...
579
Costs on Voluntary Dismissal
580
Effect of Voluntary Dismissal 570 Form of Order of Voluntary Dismissal
581
Reinstatement after Voluntary Dismissal 572 Involuntary DismissalIn General
582
Dismissal for Want of Prosecution
584
Dismissal of Bill on Motion for Want of Equity
585
Dismissal on Courts Own Motion
586
Dismissal for Defect of Parties
587
Involuntary Dismissal without Prejudice
588
Reinstatement after Involuntary Dismissal
589
Effect of Involuntary Dismissal before Hearing
590
Effect of Involuntary Dismissal on Answer or Cross Bill 581 Effect of Order of Dismissal
591
CHAPTER XXXII
592
Power to Order Reference
594
Order of Reference
595
Forms of Order of ReferenceGenerally
596
Another Form 587 Form of Order of Reference as to Alimony 588 Form of Order of Reference to State an Account
597
Changing Master 590 Objections to Reference
598
Who may Attend before Master
599
Notice and Time of Hearing
600
Hearing Before Master
601
Scope of Inquiry Before Master
603
Evidence Before the Master
604
Evidence and Examination of Witnesses Before the Master
606
Draft of Report
608
Form of Notice of Draft of Report 599 Frame of Masters Report
609
Form of Report of Testimony and Conclusions Thereon
611
Objections to the Report
612
Frame of Objections
613
Form of Objections to Masters Report
614
Consideration by the Master of the Objections Filed 605 Filing the Report 606 Returning the Evidence
615
Exceptions to the Masters Report
617
Correcting Exceptions
618
Extending Time to Except 610 Form of Exceptions to Masters Report 611 Conclusiveness of Masters Report
619
Proceedings by the Court upon Masters Report
621
Hearing upon Exceptions
623
Form of Order Confirming Masters Report
625
CHAPTER XXXIII
626
Distinction between Directing Action at Law and Feigned Issue 617 Granting an Issue Discretionary with the Court
627
Exceptions on Trial of Issue
628
When an Issue should be Awarded
629
When Issue should be Applied
630
Framing Issues
631
Form of Order for a Feigned Issue 622 Form of Order for Settling an Issue
632
Form of Feigned Issue
633
Effect of a Verdict on First Trial upon the Second Trial
634
Procedure after Verdict
635
CHAPTER XXXIV
636
General Rules of Evidence in Equity
637
Order of Putting in Evidence
638
Judicial Notice
639
Admissions in Pleadings
640
Bill in Another Suit as Evidence
641
Pleas and Demurrers as Evidence
642
Cross Bill as Evidence
643
Answer to Cross Bill
644
Answer as EvidenceIn General
645
Matters of Affirmative Defense
646
Discovery Called for by Bill
647
Effect of Waiving Answer under Oath
648
CHAPTER XXXIV
649
General Rules of Evidence in Equity
650
Order of Putting in Evidence 636 In General 637 638 639 640 Judicial Notice
652
Admissions in Pleadings
653
Bill in Another Suit as Evidence
655
Pleas and Demurrers as Evidence 643 Cross Bill as Evidence 644 Answer to Cross Bill
656
Answer as EvidenceIn General
657
Matters of Affirmative Defense
660
Discovery Called for by Bill 648 Effect of Waiving Answer under Oath
661
Answer as Evidence against CoDefendants
663
Answer as Evidence for CoDefendant
665
Effect of Answer under Oath 652 Evidence to Overcome a Sworn Answer
666
Answers on Information and Belief
669
Answer by Corporation
670
Failure to Answer Fully 656 How Answer to be Read
671
Method of Taking Evidence
673
Examinations De Bene Esse
677
Commissions to Take Testimony
680
Letters Rogatory
681
Form of Letters Rogatory
682
Depositions
683
Answers Depositions and Other Proceedings in Another Cause
684
Answers Depositions and Other Proceedings in Another Cause 664 Amendment of Depositions 665 Depositions in Cross Causes
686
Suppressing Depositions
688
Attendance of Witnesses
690
Form of Subpoena Ad Testificandum
692
Form of Subpoena Duces Tecum 671 Compelling the Attendance of Witnesses out of the Jurisdiction of the Court
693
Compelling Corporate Officer to Produce Books
694
CHAPTER XXXV
695
Private Hearing
696
Hearing on Bill and Answer
697
Hearing upon Bill Taken Pro Confesso 679 Hearing on Bill and Cross Bill
698
Hearing of Causes Together 681 Objection for Want of Parties
699
Ordering Cause to Stand Over for New Parties
700
Form of Order that Cause Stand Over to Add New Parties 684 Ordering Cause to Stand Over to Supply Proofs
701
Form of Order for Cause to Stand Over to Supply Proofs 686 Directing an Action at
702
Interlocutory Orders 688 Objections at the Hearing 689 Course of Proceedings on the Hearing
705
Reception of Evidence on the Hearing
706
Hearing Additional Evidence
707
Argument of Counsel
710
Dismissal on Final Hearing
712
Mode of Dismissing Bill on Hearing
713
Form of Order Dismissing Bill on Hearing 696 Reopening Cause after Hearing 697 Retaining Bill with Liberty to Bring an Action
715
Form of Order Retaining Bill with Liberty to Bring an Action at
716
CHAPTER XXXVI
718
Decretal Orders
721
Decrees Requiring Further Orders to Complete Them
722
Reservation of Liberty to Apply
723
Decrees by Consent
724
Decrees Pro Confesso 706 Decrees by Default
726
Decrees in Rem and in Personam 708 Decree between CoDefendants
727
Decrees against Infants
728
Infants Day to Show Cause
729
Consent Decrees against Infants
732
Decrees must be Founded on Pleadings and Evidence
733
Who may Take Advantage of Decrees
736
Who Bound by Decrees 715 Frame of Decrees 716 Caption of Decree 717
737
718
738
719
740
Recitals in Decrees Facts to Support Decree Ordering Part Declaratory Part Necessity of Signing Decree
742
Form of Decree in Suit for an Accounting
744
Form of Final Decree
745
Drawing Decree 726 Entry and Enrollment
747
Effect of Enrollment or Recording
749
Nunc Pro Tunc Decrees
750
Amendment and Modification of Decrees
752
Power to Modify Manner of Enforcement 731 Applications to Amend or Modify Decrees
755
Opening Decrees
756
Enforcement of a Decree
757
Executions
758
Sequestration
759
Writ of Assistance
760
Execution of Documents
761
Sales of PropertyBy Whom Conducted
762
Lien of Decrees
764
CHAPTER XXXVII
766
CHAPTER XXXVIII
770
Definition and Nature
772
Costs out of the Fund
773
Costs out of an Estate
774
Frame of a Bill of Interpleader
775
Form of Bill of Interpleader
776
Affidavit of Noncollusion
777
How Costs Awarded
778
Payment of Money into Court
779
CHAPTER XXXIX
780
Process
781
Taking the Bill Pro Confesso
782
Time for Application 748 When Allowable
783
Injunction
784
Form of Order for Injunction on Bill of Interpleader
785
Rehearing of Default and Consent Decrees
786
Who may Apply for Rehearing 751 How Applied
787
Form of Petition for Rehearing
790
Rehearing Discretionary
791
Withdrawing Petition 755 Hearing on Petition 756 Deposit on Rehearing
792
Stay of Proceedings 758 Form of Order to Stay Proceedings 759 Proceedings upon Rehearing
793
Evidence on Rehearing
794
Costs on Rehearing 762 Successive Applications for Rehearing
796
CHAPTER XL
798
Appellate Jurisdiction in England
799
Appealable Orders and Decrees
800
Manner of Taking Appeal
802
Effect of Appeal
806
Procedure on Appeal
807
Determination of Appeal
808
Answer
824
Cross Bill
826
Evidence 790 Hearing and Decree
827
Form of Interlocutory Decree on Bill of Interpleader Directing a Reference
829
Parties to Supplemental Bills
830
Bills in the Nature of a Bill of Interpleader
831
Form of Supplemental Bill Praying Injunction
832
Another Form of a Supplemental Bill
833
Time of Filing
834
CHAPTER XLII
835
Form of Bill of Certiorari
836
Form of Order to File Supplemental Bill
837
CHAPTER XLIII
838
Demurrer
839
Plea
840
Such Bills not Favored by the Courts 797 Frame of Bill
841
Replication
842
Form of Bill to Perpetuate Testimony
843
Process and Appearance 800 Defense to Bill to Perpetuate Testimony
845
Proceedings on Bill
846
CHAPTER XLIV
849
Form of Bill to Take Testimony De Bene Esse
851
CHAPTER XLV
853
Distinction Between Bill of Discovery and Bill for Discovery and Relief
855
Who may Maintain a Bill of Discovery 807 Matters of Which Discovery may be
859
From Whom Discovery may be
861
Frame of Bill
862
Waiving Answer under Oath
868
Verification
869
Amending Bill
870
Infants as Parties to Bills of Discovery 814 Form of Bill for Discovery
872
Process upon Bills of Discovery 816 Defenses to Bills of Discovery 817 Demurrers to Bills of Discovery
875
Pleas to Bills of Discovery
879
Answer to Bill of Discovery
880
Effect of Answer
882
Procedure upon Bills of Discovery
883
Costs on Bills of Discovery
884
Cross Bill for Discovery
885
Supplemental Bill in Nature of Bill of Discovery
886
CHAPTER XLVI
887
Supplemental Bill to Perfect Inchoate Right
892
Original Bill Showing no Ground for Relief
893
827a Must be Germane to Original Bill 828 Change of Interest 829 Supplemental Bill as Defense to Cross Bills and in Avoidance
894
Supplemental Bill as Defense to Cross Bills and in Avoidance
897
Hearing
913
Entitling Orders 846 Dismissing Bill 847 Decree
914
CHAPTER XLVII
915
When Proper
916
There must be Matter to be Litigated 851 Revivor for Part of Matter in Litigation
918
Revival for Costs
919
Revival for Appeal 854 To Give Effect to Action of Court of Review 855 Revivor on Bill and Cross Bill and on Decree in Several Suits 856 Who ma...
920
Defendant not Entitled to Revive before Decree
921
Who Entitled to Revive after Decree
922
Applicant to Revive must Claim Only by Operation of
923
Parties to a Bill of Revivor
924
Parties Defendant to Bills of Revivor
925
No Revivor before Appearance 863 Frame of Bill of Revivor
927
Form of Bill of Revivor against Executors of a Deceased De fendant
930
Filing Bill of Revivor
931
Process 867 Appearance
932
Demurrer 869 Plea
933
Replication 872 Order to Revive
935
Form of Order to Plead or Demur to Bill of Revivor 874 Form of Order to Revive
936
Form of Order on Complainants Neglecting to Obtain Order to Revive 876 Form of Order to Revive on Answer Consenting to Revive
937
Hearing
938
Effect of Revivor
939
CHAPTER XLVIII
941
When Such Bill may be Filed
942
Frame of Bill 882 Form of Bill of Revivor and Supplement
943
Defenses 884 Proceedings upon Such Bill
945
Answer
946
Bill in the Nature of a Bill of Revivor and Supplement
947
Proceedings upon Pleas and Demurrers
947
Filing Such Bill
948
CHAPTER XLIX
949
Where Matter Available by Answer Cross Bill Improper
950
Matter Occurring after Cause at Issue Set up by Cross Bill
951
Jurisdiction of Cross Bills 891 Necessity for Cross Bill
952
Treating Answer as Cross Bill 893 Decree between CoDefendants
953
Relief Sought must be Equitable
954
Cross Bill must be Germane to Original Bill
955
Effect of Filing Cross Bill where Original Bill Lacks Equity 897 Who may File Cross Bill
956
Parties Defendant
957
Filing the Cross Bill
958
Directing Filing of Cross Bill 901 Frame of Cross Bill
960
Form of Cross Bill in Divorce Suit Illinois
962
Form of Cross Bill in the Nature of Plea Puis Darrein
964
Process upon Cross Bill
965
Demurrers to Cross Bill
966
Pleas to Cross Bill 907 Answer
967
Abatement of Original Suit 909 Staying Proceedings on Original Bill
968
Form of Order to Stay Proceedings in Original Suft
969
Hearing upon Cross Bill
970
Form of Order that Original and Cross Bills be Heard Together 913 Evidence
971
Effect of Taking Cross Bill as Confessed 915 Amending Cross Bill
972
Decree 917 Relation of Bill and Cross Bill
973
Dismissal of Original Bill
974
CHAPTER L
976
For Errors of Law Apparent on the Face of the Record
977
On NewlyDiscovered Matter
979
Effect of Previous Bill 923
983
Lies Only to Final Decree 925 Parties to Bills of Review
984
Bills of Review by Infants
985
Does not Lie Generally to Consent Decrees 928 Pro Confesso Decrees 929 Pending Appeal 930 Complainant must have Performed Decree
986
Acceptance of Benefit of Decree 932 Within What Time to be Brought
988
Frame of the Bill
989
Form of Bill of Review for Errors of
991
Form of Bill of Review on Discovery of New Matter
992
In What Court Filed
994
Leave to File
995
Form of Order to File Bill of Review
996
Form of Order by Appellate Court Granting Leave to File Bill of Review 940 Security to Adverse Party 941 Process upon Bills of Review
997
Taking Bills of Review Pro Confesso 943 Defenses
998
CHAPTER LI
1005
When to be Filed 954 Frame of Bill
1007
Filing the Bill
1008
Form of Bill to Impeach a Decree Obtained by Fraud
1009
CHAPTER LII
1013
CHAPTER LIII
1015
Proceedings of Court on Such Bill
1016
Form of Bill to Carry Decree into Execution
1018
CHAPTER LIV
1020
CHAPTER LV
1023
How It Differs from a Bill of Revivor 964 How It Differs from Original Bill in the Nature of a Supple
1024
mental Bill
1025
CHAPTER LVI
1029
Distinction between Supplemental Bills and Bills in the Nature of a Supplemental Bill
1031
Frame of Bill in the Nature of a Supplemental Bill 972 Form of Bill in the Nature of a Supplemental Bill
1034
Proceedings upon Original Bill in the Nature of a Supplemental Bill
1036
CHAPTER LVII
1037
Frame of Bill 976 Performance of Decree
1039
Necessity of Leave to File 978 Form of Supplemental Bill in the Nature of Bill of Review
1040
Proceedings upon Such Bill
1042
A Bacons Ordinances APPENDIX
123

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Side 49 - ... 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...
Side 19 - In respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which euch receiver or manager was appointed...
Side 1045 - ... is not made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable diligence have been sooner introduced into the bill...
Side 51 - ... cannot be made parties by reason of their being- out of the jurisdiction of tht court., or incapable otherwise of being made parties, or because their joinder would oust the jurisdiction of the court as to the parties before the court, the court may, in its discretion, proceed...
Side 1060 - Objection to any question or questions shall be noted by the officer upon the deposition, but he shall not have power to decide on the competency or materiality or relevancy of the questions.
Side 1049 - To the end, therefore, that the said defendants may, if they can, show why your orator should not have the relief hereby prayed, and may, upon their several and respective corporal oaths, and according to the best and utmost of their several and respective knowledge, remembrance, information, and belief, full, true, direct, and perfect answer make to such of the several interrogatories hereinafter numbered and set forth, as by the note hereunder written they are respectively required to answer; that...
Side 318 - Every defendant may swear to his answer before any justice or judge of any court of the United States, or before any commissioner appointed by any circuit court to take testimony or depositions, or before any master in chancery appointed by any circuit court, or before any judge of any court of a State or Territory, or before any notary public.
Side 950 - ... in time after the decree, and not any new proof which might have been used when the decree was made...

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