A Treatise on the Practice of the High Court of Chancery, with Some Practical Observations on the Pleadings in that Court, 1. köide

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Stevens, Sons&Haynes, 1865 - 2230 pages

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Contents

REVIVOR AND SUPPLEMENT
cxxxii
CHAPTER XXXVI
cxli
Effect of administration suit on exercise by trustees of discretionary
cxliii
How given 1104
cxliv
Advertisement for claimants to come in 1127
cxlv
CHAPTER XXXVII
cxlvii
Receivers accounts
cliii
General Nature of Decrees and Orders 888900
cliv
CHAPTER XLI
clvii
Account of Debts and Liabilities under 13 14 Vic c 35 10951101
clxv
CHAPTER XLV
clxvii
21 22 Vic c 27 974
clxx
Sales
clxxv
how made 1156
clxxx
XXVIConfirmation of sales
cxcii
Attendance on invalid defendant within ten miles of Lincolns Inn
cxcvi
Where debts or certain liabilities are allowed but not paid or pro
ccix
Time for settling draft decree or order to be appointed in writing
ccx
Reserved bidding 1172
ccxi
Where a cross bill is filed 877
ccxvii
Consequences of delay in prosecuting proceedings in Chambers 1069
ccxxii
Effect of enrolment 920
ccxxxiv
Time allowed to bespeak decree or order 907
ccxxxv
how obtained 1106
ccxliii
Proof of debts becoming due subsequently to death of the debtor
ccxlv
Enrolment may be vacated of decree on bill taken pro confesso nisi
ccxlvi
Enforcing in the Chancery of Ireland a decree or order made in
ccxlviii
CHAPTER XXVII
cclvi
CHAPTER XXIX
cccxxxv
THE COMMENCEMENT OF A SUIT
1
Inquiries as to legacies and annuities
9
Management of property
15
Liability of relators to costs on dismissal 15 not where they bond fide
16
Proceedings under order 1158
17
Settlement of bills for acts of parlia
21
Corporations and Joint Stock Companies 2227
22
Companies established by Letters Patent and under special Acts
26
Vacation business 1087
33
Persons in indigent circumstances may sue and are not required
38
Plaintiff may be admitted to sue in forma pauperis at any time
40
CHAPTER III
46
Right of alien enemy to sue is merely suspended during war as
52
Effect of attainder 57 Distinction between attainder and conviction
58
Judgments to be a direct charge upon real estate 931
63
Bankrupt cannot sue in equity for the surplus of his estate
64
Insolvents cannot sue assignees for surplus of their estates secus
65
Rectifying Decrees and Orders 924927
67
TRIALS OF QUESTIONS OF FACT AND ASSESSMENT OF DAMAGES
69
May sustain suits 71 En ventre sa mere may sue to restrain waste
71
custody of 1055
76
Infant not bound by mistakes in form of suit or in its conduct
78
Proceeding on death or removal of next friend 80 Where plaintiff
81
Court must determine every question of law
83
Proceedings under decrees to settle boundaries 1056
84
Former practice where plaintiff was found lunatic after suit com
88
Married women 90127
90
Disputing claims 1116
92
Former practice 1164
114
Effect of promissory note to wife payment of part to husband
117
Marking allowance of claim 1117
125
Married women 128 Idiots
129
The AttorneyGeneral of the Queen Consort and
139
Court now can direct service out of the jurisdiction 151 When
152
Infants 158172
158
Where day still given to show cause
163
Married women
175
Admission of will in separate answer of married woman not sufficient
182
PARTIES TO A SUIT
187
Additional Accounts or Inquiries 1107 1108
198
Drawer or prior indorsees of a bill of exchange not necessary parties
202
All persons interested in mortgage should be parties to foreclosure
210
Where executor in trust 218 After great lapse of time
218
One creditor under trust deed may sue on behalf of himself
230
Proceedings under decrees to assign dower 1058
236
Parties to a suit in respect of their interest in resisting
238
Sale to be under the direction of the Judge 1167
248
Persons entitled to resulting trusts heir of grantor in informa
251
Formerly all persons liable to contribute to plaintiffs claim were
257
Persons against whom defendant has a remedy over must be parties
271
Method of charging stock in the public funds or in public companies
277
Objection ought to be taken at the opening 278 and ought to proceed
279
How parties added 279 Form of order 280 Now parties may
280
CHAPTER VI
288
Accounts 11371154
293
By whom prepared 294296
294
Must show a proper title
300
Bill must pray proper relief
307
Computation of interest 1120
311
When they may be directed 1107
312
Claims 11091127
320
Definition of impertinence
326
Entry of claims in the Claims Book 1110
329
Exceptions for scandal may be taken at any time 330 Scandalous
331
Where not required at common law written instruments need
340
in alleging time 344 and other
347
Waiver of penalty or forfeiture 355 Where waiver omitted bill
356
Bill must be printed But if for injunction ne exeat or to make ward
362
Special order when neces
368
Form of order where no further answer required
374
where defect of parties apparent
379
Course where a party has been accepted as purchaser before
381
Defendants costs are costs in
385
Serving copy of bill on person against whom no direct relief prayed
390
Order to serve out of the jurisdiction
396
appearance
430
Interrogatories may be delivered to defendant though he has
436
Proceedings under an order for a resale 1194
440
Interrogatories must be founded on bill 441 Many questions may
442
Possession 1058
443
CHAPTER XXIV
446
how issued
447
Within what time cause to be set down and by whom 865 Where
449
Order to take bill pro confesso
453
Corporations aggregate
456
Evidence in support of summons 1093
465
In what manner Contempts in Process may be cleared
466
Waiver applies to an irregular but not to an erroneous order
472
versing note
477
Against corporations
483
Hearing Decree and Subsequent Proceedings 485
485
Further hearing after the Trial 10401043
489
CHAPTER XII
491
APPEARANCE 494498
494
CHAPTER XIV
499
Origin of term
500
Investigation of the title 1179
502
The different Grounds of Demurrer 503535
503
Relief which may be given where object of suit is to recover or defend
506
Affidavit in support 1110 Office copies 1110
510
Demurrer to the discovery
515
Because the discovery relates only to the defendants case
530
The Form of Demurrers 536541
536
Filing setting down and hearing demurrers
541
General amendment after demurrer overruled does not preclude
552
CHAPTER XV
554
Of double pleading
558
Of averments in pleas
562
Form of order directing an issue 1005
571
Of answering in subsidium
576
Pleas in bar 578
589
Arrears 1058
602
Pleas of matters of record
608
1 Stated account
614
4 An agreement
620
Enrolment of Decrees and Orders 916924
627
Form of pleas
629
In case of plea of outlawry
636
Swearing filing setting down and arguing
637
No step allowed in the cause by any party pending plea 639 Elec
639
New trial motion for to be made to the Court of Chancery 1029
641
Costs
647
Overruling pleas
648
CHAPTER XVI
653
ANSWERS
659
Where cause is to be heard on bill and answer 866 Where plaintiff
660
Instances where defendant must answer fully
667
Form of Answers 674680
674
Answer must be upon oath
678
No motion for decree pending time to answer
685
Prisoners
688
Second commission not issued without special order 695 Costs
695
Former practice 1060
699
Exceptions for insufficiency where answer accompanies a plea
702
Costs of parties attending in Chambers without leave 1076
704
Where defendant does not submit exceptions to be set down
709
Last cause in paper not now privileged 880 As to restoring cause
710
Adjournment to or from Chambers 1061
713
Time for answering amended bill when interrogated when not inter
719
Taking answers off the file
725
CHAPTER XIX
731
As to dismissing bill without costs on special application of plaintiff
732
Course of proceeding 1078
733
Staying proceedings where plaintiff in contempt for nonpayment
738
Proceedings where plaintiff does not appear 880 Where subpoena
739
Injunction against proceeding in a foreign Court
742
Defendant in contempt for nonpayment of costs of attachment
748
Costs are in the discretion of the Court 749 where plaintiff becomes
750
plaintiff dies 955
754
Bankruptcy of sole plaintiff or of a coplaintiff 755 After decree
756
Cases of election
757
Application to discharge order 758 Inquiry may be directed
759
No further evidence without leave except crossexaminations
765
After repli
766
Motion may be heard short and by consent before the month
767
Right to begin 990
769
CHAPTER XXVI
770
How soon replication may be filed
774
EVIDENCE
777
The Onus Probandi 786788
786
Course proposed 1013
791
Of the Effect of a Variance 796
796
Documents which prove themselves
798
Documentary Evidence which does not prove itself
810
Where suit is not to establish will
811
What exhibits may be proved viva voce and by affidavit
817
Who may be witnesses
821
Application to enrol after five years 917
824
Orders may be enforced by or against persons not parties to
826
when
828
On notice of motion for decree 868
834
Object of the subpoena 869 When to be sued out 869 In what cases
840
Examination of witnesses who are old infirm c
843
How prepared and issued 869
848
Scale of taxation as to evidence taken abroad 851 Costs of solicitor
851
Method of examination 857 Notice
857
Demurrers by witnesses
861
Form of demurrer
862

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Common terms and phrases

11 Beav 9 Jur affidavit alleged allowed answer appearance application appointed assignees Attorney-General averments bankrupt Beav behalf bill was filed Braithwaite's Pr cause cestui que trusts Chap chose in action claim confesso contempt copy corporation costs Court of Chancery Court of Equity creditors decree defendant demurrer discovery dismissed Earl entitled executor feme covert filed a bill form of order fraud fund ground hearing held husband Ibid infant interest interrogatories jurisdiction Lord Cottenham Lord Eldon matter ment mortgage motion paper ne exeat necessary party notice of motion obtained overruled payment person petition Phil plaintiff plea pleaded prayed proceedings Railway Record and Writ relief remainderman rule Section security for costs served Seton solicitor statute sued suit summons tion trustees ubi sup Vern wife Writ Clerks

Bibliographic information

PealkiriA Treatise on the Practice of the High Court of Chancery, with Some Practical Observations on the Pleadings in that Court, 1. köide
A Treatise on the Practice of the High Court of Chancery, with Some Practical Observations on the Pleadings in that Court, John Biddle (of the Master of the Rolls'Chambers.)
AutorEdmund Robert DANIELL
PublisherStevens, Sons&Haynes, 1865
Original fromBritish Library
Digitized21 dets. 2022
Length2230 pages
  
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