Institutes of American Law, Volume 4R.E. Peterson, 1854 - Law |
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Common terms and phrases
abatement action agreement alleged amendment answer appear assigned Attorney averment bill of discovery bill of review bill of revivor Book brought cause chap charge chattel circumstances claim common law compel considered contract Coop court of chancery courts of equity courts of law coverture creditors cross bill damages debt declaration decree defect defendant demurrer ejectment enforced entitled evidence execution executor facts filed Fonbl fraud granted ground heir husband injunction injury interest interpleader interrogatories issue John judgment jurisdiction justice land liable Madd ment Mitf mortgage nature ne exeat object obtained original bill Paige person plaintiff plead possession prevent principles privity proceedings proper parties purchaser recover relief remedy replevin rule scire facias SECTION 1.-OF specific performance statute statute of frauds Story suit supplemental bill Swanst tenant testator tion trespass trust Vern wife witness writ
Popular passages
Page 502 - Testimony may also be taken in the cause, after it is at issue, by deposition, according to the act of congress. But in such case, if no notice is given to the adverse party of the time and place of taking the deposition, he shall, upon motion and affidavit of the fact, be entitled to a cross-examination of the witness, either under a commission or by a new deposition taken under the acts of congress, if a court or a judge thereof shall, under all the circumstances, deem it reasonable.
Page 102 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Page 388 - ... and the matter of the bill may be decreed by the court at any time after the expiration of thirty days from and after the entry of said order, if the same can be done without an answer, and is proper to be decreed...
Page 254 - ... be presumed, in the absence of any intimation of a contrary intention, that the legacy was meant by the testator as a satisfaction of the debt...
Page 414 - The right of a plaintiff in equity to the benefit of the defendant's oath is limited to a discovery of such material facts as relate to the 'plaintiff's case,' and does not extend to a discovery of the manner in which the ' defendant's case ' is to be exclusively established, or to evidence which relates exclusively to his case.
Page 330 - Is a bill for the discovery of facts resting In the knowledge of the defendant, or of deeds, or writings, or other things...
Page 394 - A demurrer is an allegation of a defendant, which, admitting the matters of fact alleged by the bill to be true, shows that as they are- therein set forth they are insufficient for the plaintiff to proceed upon, or to oblige the defendant to answer ; or that, for some reason apparent on the face of the bill, or because of the omission of some matter which ought to be contained therein, or for want of some circumstance which ought to be attendant thereon, the defendant ought not to be compelled to...
Page 131 - Court; which courts shall have power upon a bill in equity, filed by any party aggrieved, in any such case, to grant injunctions, according to the course and principles of courts of equity, to prevent the violation of the rights of any inventor, as secured to him by any law of the.
Page 381 - States," in those of equity and in those of admiralty and maritime jurisdiction, according to the principles, rules and usages which belong to courts of equity and to courts of admiralty respectively, as contradistinguished from courts of common law...
Page 510 - In default thereof, the plaintiff may, at his election, enter an order as of course in the order book that the bill be taken pro confesso, and thereupon the cause shall be proceeded in ex parte...