An Historical Treatise on the Practice of the Court of Chancery of the State of New-York: Containing All the Proceedings of a Suit, as Well in the Court of Chancery, as in the Court for the Trial of Impeachments and Correction of Errors

Dominick T. Blake

J.T. Murden, 1818 - Court rules - 650 pages

0 Reviews

Reviews aren't verified, but Google checks for and removes fake content when it's identified

Preview this book »

What people are saying - Write a review

We haven't found any reviews in the usual places.

Selected pages

Title Page

Table of Contents

Index

Jurisdiction	1

Its special jurisdiction	8

Sheriffs declared officers of the court	8

Bills	9

Terms of the court	18

Bill of interpleader	31

Bill of peace	37

Bill of review	45

Evidence	275

Reference to report on exceptions to an answer	285

Reference of bill for scandal or impertinence	294

Reference to a master concerning the custody of children on	326

Of appointment of a guardian ad litem	332

fants for their maintenance c	354

Divorces	356

467	357

Bill filed by the particular direction of the court	51

Patent c under the seal of the court	68

How to proceed as in the case of a defendant absent from this	85

How to proceed against absent or concealed mortgagors	93

Notice of eight days	99

Commission of rebellion	101

Habeas Corpus	102

Endorsement ib 20 Sequestration	103

Process against a corporation	104

Endorsement	105

Defence to a suit	106

demurrable	112

Of pleading	114

In disability of the person	115

Of the answer	117

other	119

The whole answer to be taken together ib 6 If defendant submits to answer ib 7 To answer specially to special charges ib 3 If a fact is charged to be w...	120

Of setting down the cause for hearing on bill and an swer	121

Of hearing the cause on bill and answer	122

The form of the answer	123

Memorandum of the date of issue	125

Of the replication to the defendants answer	126

Of the examination of evidence	128

of the examination	129

Before whom and how taken	131

Forms of interrogatories in equity	132

How depositions are to be taken before an examiner	134

Pr�cipe to the clerk in court ib 7 Notice to the opposite solicitor of a day being given to produce witnesses	135

Form of the notice	142

Of examining the credit or competency of a witness	150

Of expediting proceedings in a cause after issue joined	156

Of the case or abbreviated state of the pleadings for the Chan	161

Of enforcing obedience to or the performance of a decree	167

39	169

Notice accompanying a copy of the petition served upon the oppo	173

Proceedings in the court for the trial of impeachments	183

appeal	186

Motion that respondent answer	187

Of the answer to the petition ib 5 Form of order that appellant present the petition ib 6 Form of petition of appeal	188

Form of order to answer the petition	190

Form of the answer	191

Of setting down the cause and of hearing in the Court of Errors	192

mined into	196

Decision of the court	197

Costs on appeal ib 11 Remitting decree of this court to the Court of Chan cery	198

Costs	199

Taxation of costs	201

Security or costs	202

Staying proceedings till costs in another suit be paid	204

Interlocutory matters under which head will be considered orders novions petitions c	205

Special orders	206

Common orders	207

Motions	208

Special motions	209

Motion for amendment of pleadings and first of the complain	210

Motions for dismissing a bill for want of prosecutionaffidavit	216

General principles on which examinations before a master are	222

The examination and answers of the defendant to	235

Exceptions to the report	268

Form of the bill	367

do of the answer	369

Final decree	372

Special case	387

To protect the enjoyment of chattels	390

To stay proceedings on power of sale in a mortgage ib XIV For the enjoyment of a privilege	402

Attachment	403

Continuing injunctions ib Dissolving injunctions ib When irregularly obtained	406

Perpetual injunction ib Writ of injunction	407

Ne exeat republica	408

Dedimus potestatem to take the testimony of witnesses	415

commissioners	416

Form of the commission	419

Oath to be taken by the commissioners	420

do by the clerk	421

Notice of the commissioners in proceeding to the exc cution of the commission	422

Subpoena to testify before the commissioners ib 16 Oath of the bearer of the commission taken by the clerk or a master at the time of delivering it	423

Dedimus potestatem to take an answer abroad	424

Affidavit ib 2 Notice with the names of the commissioners	425

Affidavit of service ib 4 Order of the court on motion	426

Commission ib 6 Instructions to the commissioners	428

Oath to be taken by the bearer of the commission	430

Of idiots and lunatics	431

The Chancellors charge and power in relation to them	432

Affidavit proving their state of insanity	433

Petition to the Chancellor praying for a commission	434

Commission of lunacy	435

Pr�cipe to the sheriff	436

Directions to the commissioners for executing the com mission	437

Warrant to produce the lunatic	439

Subpoena for witnesses	440

Recognizance entered before the master and his cer	449

Mortgages foreclosed under the statute	462

The secretary of state to procure books for the purpose	463

How to proceed against the defendant by attachment	1

Notice thereof	2

Number of commissioners to execute the commission	4

The inquisition signed by the jury	11

Endorsement	14

A writ of execution in nature of a ca sa to compel	26

Affidavits	33

Affidavit that the plaintiff hath not the deeds inquired	35

Petitions	41

Notices of Motion	47

Orders	53

A bill for a redemption of a mortgage	60

66	66

Bill of review	72

A supplementary bill to deliver up deeds and writings	78

Pleas	89

24	97

Interrogatories	99

Release	108

How an attachment is obtained	129

33	152

462	153

In bar ib 4 Form of a plea	159

Defendant refusing to cause his appearance to be	160

Absolute deeds in terms yet subject to a defeasance shall	166

Other editions - View all

An Historical Treatise on the Practice of the Court of Chancery of the State ...
Dominick T. Blake
Full view - 1818

An Historical Treatise on the Practice of the Court of Chancery of the State ...
D. T. Blake
No preview available - 2018

A Historical Treatise on the Practice of the Court of Chancery of the State ...
Dominick T. Blake
No preview available - 2008

View all »

Common terms and phrases

A. B. Complainant according admitted affidavit aforesaid allowed amend answer appear apply appointed assistant register attachment attend bill bring C. D. Defendant cause certificate Chan Chancellor charge clerk commission commissioners complainant's copy costs counsel course court of Chancery decree deed demurrer depositions direct dollars entered entitled equity Errors examination exceptions execution facts filed Form further give given granted hath hearing honorable court infants injunction interest interrogatories issue Johns lands manner master mentioned mortgage motion named New-York notice oath obtained orator paid party payment person petition plaintiff pleadings prays premises present proceed proceedings publication purchaser reason received reference respective rule served signed Sol'r solicitor subpoena sufficient suit taken term therein thereof things tion unless unto witnesses writ writing

Popular passages

Page 447 - Now if there be no lawful cause to obstruct the said marriage then the above obligation to be void, else to remain in full force and virtue.

Appears in 421 books from 1810-2007

Page 263 - If the payment exceeds the interest, the surplus goes toward discharging the principal, and the subsequent interest is to be computed on the balance of principal remaining due. If the payment be less than the interest, the surplus of interest must not be taken to augment the principal; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due, and then the surplus is to be applied toward discharging the principal; and interest is to...

Appears in 133 books from 1818-1999

Page 349 - ... and assigns, make, do, and execute, or cause to be made, done, and executed, all and every such further and other lawful and reasonable acts...

Appears in 121 books from 1805-2006

Page 347 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof...

Appears in 336 books from 1805-2005

Page 81 - Justice wheresoever the said Court shall then be, there to answer to us, as well touching a contempt which he it is alleged hath committed against us, as also such other matters as shall be then and there laid to his charge...

Appears in 92 books from 1790-1993

Page 321 - ... together with all and singular the rights, members, privileges, hereditaments and appurtenances to the same belonging or in any wise appertaining. To have and to hold the said...

Appears in 193 books from 1811-2003

Page 419 - You shall, according to the best of your skill and knowledge, truly, 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 hereunto annexed, upon...

Appears in 71 books from 1806-1993

Page 44 - No bill of review shall be admitted, or any other new bill, to change matter decreed, except the decree be first obeyed and performed : as, if it be for land, that the possession be yielded ; if it be for money, that the money be paid ; if it be for evidences, that the evidences be brought in ; and so in other cases which stand upon the strength of the decree alone. 4. But if any act be decreed to be done which extinguisheth the parties...

Appears in 41 books from 1818-2003

Page 468 - Usual way, that then the mortgagee shall re-convey the estate to the mortgagor : in this case the land, which is so put in pledge, is by law, in case of nonpayment at the time limited, for ever dead and gone from the mortgagor ; and the mortgagee's estate in the land is then no longer conditional, but absolute. But so long as it continues conditional, that is, between the time of lending the money and the time allotted for payment, the mortgagee is called tenant in mortgage.

Appears in 51 books from 1791-2006

Page 111 - These defendants by protestation not confessing or acknowledging all or any of the matters in and by the said bill set forth and complained of to be true in manner and form as the same are therein and thereby set forth and alleged...

Appears in 48 books from 1796-1988

Bibliographic information

QR code for An Historical Treatise on the Practice of the Court of Chancery of the State of New-York

Title	An Historical Treatise on the Practice of the Court of Chancery of the State of New-York: Containing All the Proceedings of a Suit, as Well in the Court of Chancery, as in the Court for the Trial of Impeachments and Correction of Errors
Author	Dominick T. Blake
Publisher	J.T. Murden, 1818
Length	650 pages

Export Citation	BiBTeX EndNote RefMan

About Google Books - Privacy Policy - Terms of Service - Information for Publishers - Report an issue - Help - Google Home