A Treatise on the Practice of the Court of Chancery, 2. köideSaunders and Benning, 1835 |
From inside the book
Results 1-5 of 100
Page xi
... bill of review , 46. Error in law apparent on the face of the decree , 46 ; what is error apparent , 47 ; how this bill drawn , 47 ; prayer of and how filed , 48 ; how proceeded with , deposit , 49 ; effect of on the execution of the ...
... bill of review , 46. Error in law apparent on the face of the decree , 46 ; what is error apparent , 47 ; how this bill drawn , 47 ; prayer of and how filed , 48 ; how proceeded with , deposit , 49 ; effect of on the execution of the ...
Page xxii
... bill taken pro confesso , 368. Order on further directions cannot vary original decree , nor decide a question not ... Bill to impeach award , 396. Defence to such a bill , 397. To enforce an award , 398 . Award pursuant to the statute ...
... bill taken pro confesso , 368. Order on further directions cannot vary original decree , nor decide a question not ... Bill to impeach award , 396. Defence to such a bill , 397. To enforce an award , 398 . Award pursuant to the statute ...
Page 13
John Sidney Smith. bill , in the nature of a bill of review ; and , lastly , If the decree has been enrolled , and it is sought to be corrected on discovery of new matter , or on error apparent , the remedy is by a bill of review . Each ...
John Sidney Smith. bill , in the nature of a bill of review ; and , lastly , If the decree has been enrolled , and it is sought to be corrected on discovery of new matter , or on error apparent , the remedy is by a bill of review . Each ...
Page 21
... bill ex- hibited , and issue may be joined , and witnesses on both sides examined ; and such other proceedings , decree , and execution may be had thereon , as there might have been in case the same party had originally appeared , and ...
... bill ex- hibited , and issue may be joined , and witnesses on both sides examined ; and such other proceedings , decree , and execution may be had thereon , as there might have been in case the same party had originally appeared , and ...
Page 22
... bill pro confesso , but before the bill has been taken pro confesso , applications have been made by defendants for liberty to answer . In Herne v . Ogilvie , 11 Ves . 77 , upon a motion to discharge an order pro confesso , upon payment ...
... bill pro confesso , but before the bill has been taken pro confesso , applications have been made by defendants for liberty to answer . In Herne v . Ogilvie , 11 Ves . 77 , upon a motion to discharge an order pro confesso , upon payment ...
Other editions - View all
Common terms and phrases
affidavit allowed annuities answer apply appointed arbitrators assets award bill of review bond cause certificate Chancery charge clerk in court Close copy consent copy and service counsel Court of Chancery courts of equity creditor date the day debts decree or order defendant defendant's demurrer deponent deposit discharge engrossing enrolment entitled examination exceptions executor filed his bill folio fund further directions hearing House of Lords humble Petition interest interrogatories issue judgment lease legacy legatee liberty Lord Chancellor Lord Eldon Lord Hardwicke Madd Master Master's clerk Master's office Master's report notice of motion nunc pro tunc oath objections office copy open the biddings order nisi party and party payment personal estate petition of appeal petitioner plaintiff pleadings proceedings purchase money reference rehearing Right Honourable Russ serjeant-at-arms settled Sheweth signed solicitor and client subpoena suit Sworn taken thereof tion Vice Chancellor warrant on leaving witnesses
Popular passages
Page 487 - Payment well and truly to be mucto we bind ourselves, and each of us, our and each of our Heirs, Executors and Administrators, jointly and severally, firmly by these Presents.
Page 283 - That in Actions of Debt or upon the Case grounded upon any Simple Contract no Acknowledgment or Promise by Words only shall be deemed sufficient Evidence of a new or continuing Contract, whereby to take any Case out of the Operation of the...
Page 284 - ... within two years after the cause of such actions or suits, but not after ; and the said other actions, within three years after the end of this present session, or within six years after the cause of such actions or suits, but not after...
Page 366 - Record, which the parties shall choose, and to insert such their agreement in their submission, or the condition of the bond or promise, whereby they oblige themselves respectively to submit to the award or umpirage of any person or persons...
Page 249 - ... devisee or devisees of such debtor, shall be liable to all the same suits in equity at the suit of any of the creditors of such debtor, whether creditors by simple contract or by specialty, as...
Page 111 - The master shall be at liberty to examine any creditor or other person coming in to claim before him, either upon written interrogatories or viva voce, or in both modes, as the nature of the case may appear to him to require. The evidence upon such...
Page 49 - 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 249 - ... when any person shall die seised of or entitled to any estate or interest in lands, tenements, or hereditaments, corporeal or incorporeal, or other real estate whether freehold, customaryhold, or copyhold, which he shall not by his last will have charged with or devised subject to the payment of his debts...
Page 232 - And for the better taking the said accounts and discovery of the matters aforesaid, the parties are to produce before the said Master, upon oath, all deeds, books, papers, and writings in their custody or power relating thereto, and are to be examined upon interrogatories as the said Master shall direct...
Page 95 - Master with due diligence, there the Master shall be at liberty, upon the application of any other party interested, either as a party to the suit or as one who has come in and established his claim before the Master under the decree or order, to commit to him the prosecution of the said decree or order...