A Treatise on the Pleadings in Suits in the Court of Chancery, by English Bill |
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Common terms and phrases
abated adminiſtration affume againſt alfo alledged alſo anſwer Atkyns aver becauſe bill of review bill of revivor cafe caſe caufe cauſe Chan circumftances claim cofts common law compel confequently confideration confidered court of chancery court of equity courts of common courts of ordinary decifion decree defect defendant may demur demurrer diftinct diſclaimer diſcover diſcovery eftate eſtabliſh eſtate fame feeks feems fendant feveral fhew fhould filed firſt fome former bill fraud ftated ftatute fubfequent fubject fuch fufficient fupplemental bill fupport fwer ginal ground himſelf huſband iffue inftitute a fuit inrolled intereft interpleader intitled itſelf juftice jurifdiction kinds of bills litigation matter muft muſt nature neceffary obtained occafioned original bill over-ruled parties perfon plaintiff plea pleaded poffeffion Prac proceedings purchaſe purpoſe queftion reaſon refpect ſeems ſeveral ſome ſtated ſuit theſe thofe thoſe truſtee unleſs uſed Vefey Vern writ
Popular passages
Page 15 - But if the suit is instituted on behalf of the crown, or of those who partake of its prerogative, or whose rights are under its particular protection, as the objects of a public charity, the matter of complaint is offered to the court by way of information, given by the proper officer, and not by way of petition.
Page 45 - The sixth part of the bill is what is called the jurisdiction clause, and is intended to give jurisdiction of the suit to the court by a general averment that the acts complained of are contrary to equity, and tend to the injury of the plaintiff, and that he has no remedy, or not a complete remedy, without the assistance of a court of equity.
Page 61 - A supplemental bill may also be filed, as well after as before a decree ; and the bill, if after a decree, may be either in aid of the decree, that it may be carried fully into execution...
Page 137 - If an infant, or a married woman, or an idiot, or a lunatic, exhibiting a Bill, appear upon the face of it to be thus incapable of instituting a suit alone, and no next friend or committee is named in the Bill, the defendant may demur.
Page 54 - Is a bill for the discovery of facts resting In the knowledge of the defendant, or of deeds, or writings, or other things...
Page 243 - When a plea is ordered to stand for an answer, it is merely determined, that, it contains matter which may be a defence, or part of a defence ; but that it is not a full defence ; or...
Page 83 - If it has been carried into execution, the bill may also pray the farther decree of the court, to put the party complaining of the former decree into the situation in which he would have been if that decree had not been executed.
Page 78 - But a cross-bill being generally considered as a defence or as a proceeding to procure a complete determination of a matter already in litigation in the court, the plaintiff is not, at least as against the plaintiff in the original bill, obliged to show any ground of equity to support the jurisdiction of the court.1 The second class of imperfection arises where the bill is framed improperly at the outset.
Page 25 - ... he has a right to complain. In this case, his personal complaint being joined to, and incorporated with, the information given to the court by the officer of the crown, they form together an information and bill, and are so termed.
Page 76 - ... part by one Bill, and as to the other part by another. Thus, if the rights of a plaintiff in a suit upon his death become vested...