SECTION 15. THE DECREE. "The decree of a court of chancery is its order or sentence determining and adjusting the rights and interests of the parties to the suit upon the issues submitted and heard." Decrees are divided into interlocutory and final decrees. Interlocutory decrees are those given during the progress of the case, and settling some preliminary matter. A final decree is one which disposes of the suit on its merits, leaving nothing further for the court to do. SECTION 16. CORRECTION OR REVERSAL OF DECREES. A final decree, if erroneous or unjust, may be corrected or reversed as follows: (a) Upon a hearing, or by a new or supplemental bill in the nature of a bill of review, if the decree has not been enrolled. (b) By bill of review for defects in substance; and, if the decree has been enrolled, formal or technical errors or defects by petition. (c) If obtained through fraudulent means, by a bill to impeach such decree on that ground. (d) By appeal. The granting of a rehearing is discretionary with the trial court. Bills of review and bills to impeach a decree on the grounds of fraud will be considered in the following chapter. "An appeal is a process of civil law origin, and is the appropriate mode of review for causes originating in a court of chancery. Unless statutes otherwise • Pennington vs. Coxe, 2 Cranch, U. S., 61; Lyles vs. Barnes, 40 Miss., 609. provide, it removes the whole cause, subjecting the facts as well as the law to review and retrial.10 A technical appeal is the exclusive appellate remedy for review of cases in equity. SECTION 18. 99 11 12 ENFORCEMENTS OF DECREES. Originally, equity acted only in personam not in rem. A court of equity could only order a defendant to do a certain thing, and their attempt to coerce him into doing so by imprisoning him for contempt of court, or by the sequestration of his property. At the present time an execution against the property of the defendant may issue in equity suits as well as in common law cases. Bills to enforce decrees will be considered in the following chapter. 10 Goodrich vs. Smith, 67 Mich., 1. 11 Jarvis vs. Blanchard, 6 Mass., 4; Cook vs. Hoyt, 13 Ill., 144. Ency. of Pleading and Practice, THE BILL OF COMPLAINANT. SECTION 19. DEFINITION. The bill in equity is the first step in the case, being filed even before the issuance of process upon the defendant. A bill in equity performs a two-fold office: (a) As a pleading, it is a statement of the complainant's case and prays relief. (b) As an examination of defendant, it seeks a discovery. of facts upon which to base a decree. A bill in equity must contain a statement of all the facts upon which the claim for the relief sought is based. Much greater freedom in the methods of stating the facts is allowed in a bill in equity than in a common law declaration. SECTION 20. CLASSIFICATION OF BILLS. Bills in equity are primarily divided into original bills, and bills not original. Original bills are in turn subdivided into bills praying relief, and bills not praying relief. Original bills praying for relief may be divided into three classes: Bills praying the decree or order of the court, touching some right claimed by the party exhibiting the bill, in opposition to some right, real or supposed, claimed by the party against whom the bill is exhibited, or touching some wrong done in violation of the complainant's right, bills of interpleader, and bills of certiorari. Original bills not praying relief are in turn subdivided into: Bills to perpetuate testimony. Bills to examine witnesses de bene esse. Bills of discovery. Bills not original are divided into: Interlocutory bills, and Bills in the nature of original bills. Supplemental bills and original bills in the Bills of revivor and original bills in the nature of bills of revivor, and Bills of revivor and supplement. The five classes of bills in the nature of original bills are: Cross bills. Bills of review and bills in the nature of bills of review. Bills to impeach a decree on the ground of fraud. Bills to suspend or avoid the operation of decrees, and Bills to carry decrees into execution. SECTION 21. ORIGINAL BILLS. Original bills are those which relate to some matter not before litigated in the court by the same persons, standing in the same interests. Such a bill begins the suit or controversy. The classification of original bills has been given in the previous section. |