The Chancery Practice of the State of New YorkO. Halsted, 1829 - Equity pleading and procedure |
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Page 11
... tion to hold another office , or to act as solicitor or counsel , and the salary of the Chancellor and Vice - Chancellors are regulated by the constitution and revised statutes . The original and appellate powers already considered in ...
... tion to hold another office , or to act as solicitor or counsel , and the salary of the Chancellor and Vice - Chancellors are regulated by the constitution and revised statutes . The original and appellate powers already considered in ...
Page 18
... tion with any other cause pending or to be brought . Ori- ginal petitions , are in some cases concurrent with original bills ; in others the only procedure . Proceedings for partition and sale , or for injunction and appointment of ...
... tion with any other cause pending or to be brought . Ori- ginal petitions , are in some cases concurrent with original bills ; in others the only procedure . Proceedings for partition and sale , or for injunction and appointment of ...
Page 22
... tion , annexed when presented . In contested petitions it is al- so advisable as in bills to conform to the general rule ( 18 ) that the solicitor or officer of the court who draws any pleading , deposition or report , or enters any ...
... tion , annexed when presented . In contested petitions it is al- so advisable as in bills to conform to the general rule ( 18 ) that the solicitor or officer of the court who draws any pleading , deposition or report , or enters any ...
Page 23
... tion for any purpose , he may make an ex parte application ( 1 ) R. 89 . ( 2 ) R. 122. see 1 Hopk . 364 . 5. Cowen 420 . ( 3 ) see R. 21. post ch . vii . ( 4 ) 4 Madd . 395 . ( 5 ) Grant 242 , or sometimes on the attorney of a person ...
... tion for any purpose , he may make an ex parte application ( 1 ) R. 89 . ( 2 ) R. 122. see 1 Hopk . 364 . 5. Cowen 420 . ( 3 ) see R. 21. post ch . vii . ( 4 ) 4 Madd . 395 . ( 5 ) Grant 242 , or sometimes on the attorney of a person ...
Page 26
... tion made that its prayer be granted ; ) the time , place , and mon and spe- officer before whom the petition will be presented , and cial motions . the motion made . A notice is not good , by one not al- lowed to act as solicitor in ...
... tion made that its prayer be granted ; ) the time , place , and mon and spe- officer before whom the petition will be presented , and cial motions . the motion made . A notice is not good , by one not al- lowed to act as solicitor in ...
Common terms and phrases
adverse party affidavit allowed amend ante ch appear application appointment appx assistant register bill filed bond cause ceedings certificate chancellor chancery CHAP commission commissioners compel complainant consent copy costs counsel court of chancery court of errors Cowen creditor cree cross bill default defendant defendant's demurrer deposit directed dismissed Draft entered entitled equity examination exceptions exeat execution fendant final decree foreclosure further Grant guardian guardian ad litem hearing Hoff Hopk infant injunction interest issue lunatic Madd master ment Mitf mortgage ne exeat Newl notice oath obtained order of course order or decree Paige payment person petition plaintiff plea pleadings premises proceed proceedings proof prosecute R. S. ib reference regular motion day rehearing replication rule security for costs served solicitor special motion statute stay waste subpoena suit swer thereof tion unless vice-chancellor VIII Wend witnesses writ
Popular passages
Page 132 - Compelling them to pay to the corporation, which they represent, or to its creditors, any money, and the value of any property, which they have acquired to themselves, or transferred to others, or lost, or wasted, by a violation of their duties.
Page 15 - That he is the petitioner herein; that he has read the foregoing petition and knows the contents thereof, and' that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Page 138 - ... as far as known to the plaintiff, and if one or more of the parties, or the share or quantity of interest of any of the parties, be unknown to the plaintiff, or be uncertain or contingent, or the ownership of the inheritance depend upon an executory devise, or the remainder be a contingent remainder, so that such parties cannot be named, that fact must be set forth in the complaint.
Page 124 - ... requires or will be substantially promoted by such disposition, on account of any part of his said property being exposed to waste and dilapidation, or on account of its being wholly unproductive, or for any other peculiar...
Page 111 - The notice of the sale of lands lying in any of the cities of this State, in which a daily paper is printed, except where a different notice is required by law, or by the order of the court, shall be published in one or more of the daily papers of that city, for three weeks immediately previous to the time of sale, at least twice in each week.
Page 117 - ... by the general guardian of an» infant shall be a bond, in a penalty of double the amount of the personal estate of his ward, and of the gross amount or value of the rents and profits of the real estate, during his minority, together with at least two sufficient sureties, each of whom shall be worth the amount specified in the penalty of the bond, over and above all debts ; or, instead of personal security, the guardian may give security by way of mortgage on improved and unihcumbered real property,...
Page 135 - ... canceled, specifying the place of residence of each creditor and of every person to whom such engagements were made, if known, and if not known, the fact to be so stated; the sum owing to each creditor; the nature of each debt or demand; and the true cause and consideration of such indebtedness in each case.
Page 155 - ... a proportion of the costs and charges of the proceedings, to be ascertained by the court, according to the respective rights of the parties, and the proportion of such costs assessed upon the unknown owners, to be chargeable on the part remaining undivided...
Page 133 - ... and other officers, from collecting or receiving any debt or demand, and from paying out, or in any way transferring or delivering, to any person, any money, property, or effects of the corporation, during the pendency of the action ; except by express permission of the court.