Rules of the Circuit and District Courts of the United States for the Districts of Michigan, in Cases at Law, in Equity, Admiralty, and Bankruptcy |
Common terms and phrases
adjudication admiralty adverse party affidavit allegation allowed amend answer appear application appointed arrest assignee attorney Bank bankrupt bankruptcy bill Blatch bottomry cause shown ceedings certify circuit court claim clerk clerk's office commissioner confesso copy costs creditor debt debtor deemed default defendant demurrer deposition discretion district court docket EAST SAGINAW entered entitled equity Ex'r examination exceptions facts fees fendant filed and served final decree forthwith garnishee Grand Rapids hearing indorsed interrogatories issue judge thereof jurors jury libel marshal matter McLean mesne process motion ne exeat notice oath otherwise owner paid into court paper payment person personam petition plaintiff plea pleading prescribed proceed proceedings proof quired reference SECURITY FOR COSTS show cause solicitors special order subpoena succeeding rule day suit sureties taken term testimony therein thereto thereupon tion trial unless the court Wash witnesses writ
Popular passages
Page 73 - In all cases where the rules prescribed by this court or by the circuit court do not apply, the practice of the circuit court shall be regulated by the present practice of the high court of chancery in England...
Page 69 - All parties accounting before a master shall bring in their respective accounts in the form of debtor and creditor; and any of the other parties who shall not be satisfied with the account so brought in shall be at liberty to examine the accounting party viva voce, or upon interrogatories, as the master shall direct.
Page 31 - Every person, not being a party in any cause, who has obtained an order, or in whose favor an order shall have been made, may enforce...
Page 69 - 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 71 - This cause came on to be heard ( or to be further heard, as the case may be) at this term, and was argued by counsel; and thereupon, upon consideration thereof, it was ordered, adjudged, and decreed as follows, viz : [Here insert the decree or order.] GUARDIANS AND PROCHEIN AMIS.
Page 116 - ... any person or persons claiming damages as aforesaid, and who shall have presented his or their claim to the commissioner under oath, shall and may answer such libel or petition, and contest the right of the owner or owners of said ship or vessel, either to an exemption from liability or to a limitation of liability under the said act of congress, or both.
Page 150 - ... and may be amended by the insertion of an allegation of an earlier act of bankruptcy than that first alleged, if such earlier act is charged in either of the other petitions ; and, in either case, the proceedings upon the other petitions may be stayed until an adjudication is made upon the petition first heard ; and the court which makes the first adjudication of bankruptcy shall retain jurisdiction over all proceedings therein until the same shall be closed.
Page 152 - The trustee shall, immediately upon entering upon his duties, prepare a complete inventory of all the property of the bankrupt that comes into his possession. The trustee shall make report to the court, within twenty days after receiving the notice of his appointment, of the articles set off to the bankrupt by him, according to the provisions of the forty-seventh section of the act, with the estimated value of each...
Page 91 - In all cases of seizure, and in other suits and .proceedings in rem, the process, if issued and unless otherwise provided for by statute, shall be by a warrant of arrest of the ship, goods, or other thing to be arrested; and the marshal shall thereupon arrest and take the ship, goods, or other thing into his possession for safe custody...
Page 35 - ... if the same can be done without an answer, and is proper to be decreed ; or the plaintiff, if he requires any discovery or answer to enable him to obtain a proper decree, shall be entitled to process of attachment against the defendant to compel an answer, and the defendant shall not, when arrested upon such process, be discharged therefrom, unless upon filing his answer, or otherwise complying with such order as the court or a judge thereof may direct as to pleading to or fully answering the...