The Doctrine and Practice of Equity: Or, A Concise Outline of Proceedings in the High Court of Chancery; Designed Principally for the Use of Students
Wm. Benning & Company, 1845 - 275 oldal
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action affidavit agreement allowed amend answer appear application appointed attachment bill called cause Chancellor circumstances claim clerk commission commissioners common law compel consideration considered contained contempt contract costs court of Chancery court of Equity decree defendant defendant's demurrer directed discovery effect entered entitled examine exceptions execution fact filed fraud further give granted ground guardian hearing infant injunction instance intended interest issue jurisdiction land leave limited lord manner master Mitf motion nature necessary notice object obtained original otherwise party passed performance person petition plaintiff plea pleaded possession praying prevent principle proceed proceedings publication purchaser reason receiver record reference relief respect rule served signed solicitor statute subpæna sufficient suit taken term thereof trust unless usual warrant witnesses writ
86. oldal - ... or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
123. oldal - In all cases in which the plaintiff has a joint and several demand against several persons, either as principals or sureties, it shall not be necessary to bring before the Court, as parties to a suit concerning such demand, all the persons liable thereto ; but the plaintiff may proceed against one or more of the persons severally liable.
265. oldal - Every person, not being a party in any cause, who has obtained an order, or in whose favor an order shall, have been made, shall be enabled to enforce obedience to such order by the same process as if he were a party to the cause...
95. oldal - By this statute it was provided that " when any person shall be seised of lands, &c. to the use, confidence, or trust of any other person or body politic, the person or corporation entitled to the use in fee simple, fee tail, for life, for years, or otherwise, shall from thenceforth stand and be seised or possessed of the land, &c.
95. oldal - ... to uses shall be deemed to be in him or them that have the use, in such quality, manner, form and condition, as they had before in the use.
78. oldal - Act to extend the provisions of an Act passed in the first year of his late Majesty King William the Fourth, intituled An Act for consolidating and amending the laws for facilitating the payment of debts out of real estate.
242. oldal - That at the time so appointed for considering the matter of the said decree or order, the Master shall proceed to regulate as far as may be the manner of its execution ; as for example, to state what parties are entitled to attend future proceedings, to direct the necessary advertisements, and to point out which of the several proceedings may be properly going on...
212. oldal - Immediately after the replication is filed, the plaintiff if he thinks fit may give notice to all other parties entitled to examine witnesses in the cause of his intention to sue out a commission for that purpose; and the plaintiff, if he gives such notice within two days after the filing of the replication, or before any defendant has given notice of his intention to sue out a commission, is to have the carriage of the commission.
217. oldal - You shall, according to the best of your skill and knowledge, truly and faithfully, and without partiality to any or either of the parties in this cause, take the examinations and depositions of all and every witness and witnesses produced and examined by virtue of the commission within written. So help you God.