Federal Equity Practice: A Treatise on the Pleadings Used and Practice Followed in Courts of the United States in the Exercise of Their Equity Jurisdiction, Volume 2
Edward Thompson Company, 1909 - 2104 halaman
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action admission admitted affidavit allegations allowed amendment answer appear application appointed authority bill of review brought cause chancery circuit court circumstances claim commission considered costs course court of equity cross bill decree defendant deposition determined directed discovery discretion dismissal documents effect enforce English entered entitled equity rule error evidence examination exceptions fact favor federal courts filed final findings formal give given granted ground hearing held interest intervene issue judge jurisdiction leave litigation material matter merely motion nature necessary notice objection obtained original bill particular party permitted person petition plaintiff pleadings practice present principle proceed proceedings produce proof proper question reason record reference refused regard rehearing relief statute sufficient suit supplemental bill taken taking term testimony tion Trust unless usually witness writ
Halaman 1045 - States, or any notary public, not being of counsel or attorney to either of the parties, nor interested in the event of the proceeding or investigation.
Halaman 1044 - 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 judge thereof shall, under all the circumstances, deem it reasonable.
Halaman 1045 - Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States...
Halaman 858 - Congress, or otherwise, as hereinafter provided; and also to direct the mode in which the matters requiring evidence shall be proved before him; and generally to do all other acts, and direct all other inquiries and proceedings in the matters before him, which he may deem necessary and proper to the justice and merits thereof and the rights of the parties.
Halaman 764 - ... require any allowance or order of the court, or of any judge thereof — shall be deemed motions and applications, grantable of course by the clerk of the court. But the same may be suspended or altered or rescinded by any judge of the court, upon special cause shown.
Halaman 855 - Upon every such reference it shall be the duty of the master, as soon as he reasonably can after the same is brought before him, to assign a time and place for proceedings in the same, and to give due notice thereof to each of the parties or their solicitors...
Halaman 1228 - But it is a rule equally well established that after the term has ended all final judgments and decrees of the court pass beyond its control, unless steps be taken during that term, by motion or otherwise, to set aside, modify, or correct them...
Halaman 841 - That no person related to any justice or judge of any court of the United States by affinity or consanguinity, within the degree of first cousin, shall hereafter be appointed by such court or judge to or employed by such court or judge in any office or duty in any court of which such justice or judge may be a member.
Halaman 980 - The reason upon which the rule stands is this : The plaintiff calls upon the defendant to answer an allegation he makes, and thereby admits the answer to be evidence. If it is testimony, it is equal to the testimony of any other witness...
Halaman 914 - ... determinations are not subject to be set aside and disregarded at the mere discretion of the court. A reference, by consent of parties, of an entire case for the determination of all its issues, though not strictly a submission of the controversy to arbitration, — a proceeding which is governed by special rules, — is a submission of the controversy to a tribunal of the parties...