Equity Pleading and Practice: With Forms, Volume 7

Boston Law Book Company, 1952

Isi

Equity Pleading	1

Equity Jurisprudence	2

General Principles of Jurisdiction	3

Equity Jurisdiction in General	4

Early Equity Jurisdiction in Massachusetts	5

Full Equity Jurisdiction Conferred on the Supreme Judicial Court	6

Jurisdiction in Equity Conferred on Superior Court	7

Equitable Jurisdiction of the Courts in General	8

Form of Bill for Rescission Based on Fraud	344

Bills for Equitable SetOff	345

Appeals in General 10711100	346

Bills for Specific Performance	347

Form of Bill by Vendor for Specific Performance of Contract to Convey Real Estate	348

Form of Bill by Vendee for Specific Performance of a Con tract to Convey Real Estate	349

Form of Bill by Vendee for Specific Performance of a Con tract to Sell Shares of Stock	350

Form of Bill to Enjoin Violation of Contract Involving Per sonal Services	351

Appearances 601 Introduction	12

Time for Appearance 603 Rules of Court Relating to Appearance	13

General Appearance	15

Special Appearance	18

Special Appearance to Protect Property under Attachment 607 Waiver of Special Appearance	19

Unauthorized Appearance 609 Withdrawal of Appearance 610 Authority to Appear	21

Introduction 622 General Principles of Demurrers 623 Rules of Court Applicable to Demurrers 624 General Demurrers 625 Special Demurrers 626 ...	23

Contents of Demurrers	40

Waiver of Demurrer	42

Admissions Made by Demurrer	43

Hearing on Demurrer	44

Pleas 661 Introduction 662 General Principles of Pleas 663 Pleas in Bar 664 Form of Plea in Bar 665 Pleas in Abatement 666 Pleas to the Jurisdiction...	47

Seizure of the	56

Commencement of Action	57

Requirements of Notice	58

Answers and Counterclaims 681 Introduction 682 Requirements as to the Time for Filing Answers	59

Requirements of Answers	61

Insufficient Answers	62

Disclaimer	63

Affirmative Defenses 687 Laches	64

Statute of Frauds 689 Illegality	65

Chapter 4 Jurisdiction Quasi in	66

Counterclaim	68

Form of Answer and Counterclaim	70

Distinction between Jurisdiction in Rem and Quasi in	72

Stipulations	76

Hearing on Bill and Answer	77

Motions	81

Amendments	83

Specifications or Particulars	87

Trial by Jury	101

Constitutional Right to Trial by Jury 733 Right to Trial by Jury in Equity	102

Plaintiffs Waiver of Right to Trial by Jury 735 Defendants Waiver of Right to Trial by Jury	105

Requirements as to Claim of Jury Trial as of Right 737 The Right to Trial by Jury in the Discretion of the Court	108

Denial of Jury Issues	110

Framing of Jury Issues 740 Form of Jury Issues	112

Trial of Jury Issues	114

Chapter 21 Receivership Proceedings Introduction 752 General Principles 753 Appointment of Receivers under General Equity Jurisdiction 754 App...	116

Petition of Receiver for Leave to Sell Assets 783 Form of Petition for Leave to Sell Assets 784 Expenses of Administration of Receivership	117

Receivers Final Account 786 Form of Receivers Final Account	170

Form of Receivers Final Report 788 Form of Decree on Receivers Final Report	171

and Superior Courts	173

Notices to Admit Facts	175

Designation of Person to Report Testimony	176

Trial upon Agreed Statement of Facts	177

Trial upon Agreed Statement of Evidence 836 Exceptions during the Course of Trial	180

Requests for Rulings of Law 838 Requests for Findings of Fact	183

Voluntary Findings of Fact	184

Findings and Order for Decree 841 Requests for Report of Material Facts	185

Rehearing or New Trial	190

Trials Before Masters 861 Introduction 862 Appointment of Masters 863 Order of Reference 864 Duties of Masters 865 Hearings before Masters	191

Requests for Findings of Fact	198

Requests for Rulings of	199

Preparation and Filing of Report	201

Report of the Master	206

Exhibits Used in Evidence 871 Report of Facts	207

Exceptions to Masters Report	209

Summaries of Evidence	214

Effect of Findings of Master	216

Recommittal of Masters Report	220

Lis Pendens	221

General Principles of Lis Pendens	222

Statutory Provisions as to Lis Pendens	223

Formal Requirements of a Notice of Lis Pendens	224

Form of Lis Pendens	225

Proceedings Affected by Lis Pendens	226

Persons Affected by Lis Pendens	227

Dissolution of Lis Pendens	228

Parties	229

Filing of Exceptions 894 Entry of Final Decree Notwithstanding the Filing of Excep tions 895 Allowance of Bill of Exceptions	231

Disallowance of Exceptions	234

Preparation of Record for Transmission to the Full Court	235

Introduction Chapter 25 Reports 912 Report of Interlocutory Orders or Decrees 913 Interlocutory Proceedings Subject to be Reported 914 Form of ...	236

Introduction	241

General Principles as to Parties	242

Joinder of Parties Plaintiff	243

Joinder of Parties Defendant	244

Parties Absent from the Jurisdiction Nonresident Parties	245

Chapter Sections	247

Parties Brought in by Counterclaim	248

Parties by Intervention	249

Death of a Party	250

Parties Representative of a Class	251

Husband and Wife as Parties to the Suit	252

Partners and Joint Adventurers as Parties	253

Executors or Administrators as Parties	254

Joint Owners of Personal Property as Parties	255

Minors as Parties to Suits	256

Persons under Guardianship as Parties	257

Public Officers as Parties	258

Trustees as Parties to the Suit	259

Final Decrees Dismissing Bills	262

Final Decrees Dismissing Bills after Sustaining of Demurrers 942 Final Decrees Establishing an Indebtedness	265

Final Decrees Awarding Damages in Equity	266

Bills of Complaint under General Equity Principles 271 Introduction	271

General Principles Applicable to Bills of Complaint	272

Stating Part of Bill of Complaint	273

Prayers for Relief	274

Bills for an Accounting	275

Form of Bill for an Accounting	276

Bills to Enforce Assignments	277

Form of Bill to Enforce Assignment	278

Bills Relating to Assignments for Benefit of Creditors	279

Form of Bill to Enforce Assignment for Benefit of Creditors	280

Form of Bill to Set Aside Assignment for Benefit of Creditors	281

Bills for Cancellation of Written Instruments	282

Form of Bill to Cancel Lease Executed without Authority	283

Form of Bill to Cancel Lease on Ground of Mutual Mistake	284

Form of Bill to Cancel Deed Obtained by Fraud	286

Form of Bill to Cancel Insurance Policy	287

Bills for Contribution among Cosureties	288

Form of Bill for Contribution among Cosureties	289

Bills between Coowners of Personal Property	290

Form of Bill between Coowners of Personal Property	291

Bills by CreditorsNonStatutory	292

Form of Creditors BillNonStatutory	293

Bills for Discovery	294

Form of Bill for Discovery	295

Bills to Enforce Exoneration	296

Form of Bill to Enforce Exoneration 298 Bills to Prevent a Forfeiture	297

Form of Bill to Prevent Forfeiture	299

Bills Based on Fraud	300

Bills between Husband and Wife	301

Form of Bill between Husband and Wife to Recover Bank De posit	302

Form of Bill between Husband and Wife to Recover Personal Property	303

Form of Bill between Husband and Wife to Recover Moneys and Bonds	304

Form of Bill between Husband and Wife to Set Aside Fraud ulent Conveyance	305

Form of Bill by Former Wife for Exoneration	306

Bills for Injunctive Relief	307

Form of Bill to Restrain Vexatious Actions at	308

Form of Bill to Enjoin Libel and Slander	309

Bills of Interpleader	310

Form of Bill of Interpleader	311

Bills to Establish Liens	312

Form of Bill to Establish a Lien	313

Bill to Establish the Right to Lateral Support	314

Form of Bill to Establish Right to Lateral Support	315

Bill to Compel Reexecution of Lost Instruments	316

Form of Bill to Compel Reexecution of Lost Instruments	317

Forms of Final Decrees 9811050	318

Form of Bill to Enforce Marshalling of Assets	319

Bills Relating to Mortgages	320

Form of Bill by Mortgagor for an Accounting	321

Form of Bill to Cancel Note and Mortgage as Given without Consideration	322

Form of Bill to Compel Discharge of Mortgage as having been Paid	323

Form of Bill to Reinstate a Mortgage	324

Form of Bill to Restrain Mortgage Foreclosure	325

Bills to Restrain Nuisances	326

Form of Bill to Restrain Nuisance Interfering with Comfort of Employees	328

Bills for Partition of Real Estate	329

Form of Petition for Partition of Real Estate	330

Bills between Partners	331

Form of Bill between Partners for an Accounting	332

Form of Bill between Partners for Dissolution	333

Form of Bill by Estate of Deceased Partner for an Account	334

Form of Bill by Partner for Accounting Dissolution and Ap pointment of Receiver	335

Bills for Redelivery of Personal Property	336

Form of Bill by Conditional Vendor for Redelivery of Per sonal Property	337

Form of Bill by Owner for Redelivery of Personal Property	338

Bills for Reformation of Instruments	339

Form of Bill for Reformation of Fire Insurance Policy	340

Form of Bill for Reformation of Promissory Notes	341

Bills for Rescission	342

Form of Bill for Rescission	343

Form of Bill to Enjoin Violation of Terms of Employment Contract	352

Bills by Stockholders	353

Form of Minority Stockholders Bill	354

Form of Bill Based upon Alleged Improper Diversion of Cor porate Funds and Property	355

Form of Bill to Compel Corporate Officer to Account to the Corporation	356

Supreme Judicial Court	357

Form of Bill to Compel Removal of Trespassing Structures	358

Bills to Establish Trusts	359

Form of Bill to Establish an Express Trust	360

Form of Bill to Establish an Express Trust in Personal Prop	361

erty	362

surance	363

Form of Bill to Establish Resulting Trust	364

Form of Bill to Establish a Constructive Trust against a Fidu ciary	365

Form of Bill to Set Aside a Trust	366

Bills to Restrain Unfair Competition	367

Form of Bill to Restrain Unfair Competition	368

Scope of Review 11011110	373

471	376

Preparation and Transmission of Record to Full	383

Table of Statutes and Court Rules	395

Table of Cases	417

Superior Court 11	444

Index	463

Statutory Bills in Equity	464

General Principles Applicable to Statutory Bills	472

Bills by Creditors to Reach and Apply	473

Debt within the Meaning of the Statute	474

Property Right Title or Interest	475

Property Subject to be Reached	476

Property Not Subject to be Reached	477

Form of Bill to Reach and Apply Disability Payments under Policy of Insurance	478

Form of Bill to Reach and Apply Judgment	479

Form of Bill to Reach and Apply Liability Established by Final Decree	480

Form of Bill to Reach and Apply Note and Mortgage	481

Probate Court	482

Form of Bill to Reach and Apply a Claim for Unliquidated Damages	483

Form of Substitute Bill to Reach and Apply a Claim for Un liquidated Damages Reduced to Judgment	484

Form of Bill to Reach and Apply Debtors Interest in a Trust	485

Bills by Creditors to Reach and Apply Property Transferred in Fraud of Creditors	486

Form of Bill to Reach and Apply Personal Property Conveyed in Fraud of Creditors	487

Form of Bill to Reach and Apply Shares of Stock Transferred in Fraud of Creditors	488

Bills to Set Aside Sale of Merchandise in Bulk	489

Form of Bill to Set Aside Sale of Merchandise in Bulk	490

Bills to Reach and Apply Shares or Interests in Corporations	491

Form of Bill to Reach and Apply Shares or Interests in Cor porations	492

Form of Bill to Reach and Apply Shares of Stock Subject to Lien or Pledge	493

Bill by Judgment Creditor to Reach and Apply a Policy of In surance Enuring to His Benefit	494

of Motor Vehicle Insurance	495

Form of Bill by Judgment Creditor to Reach and Apply Policy of Insurance Effected by the Debtor against Legal Liabil	496

Equitable Attachment after Verdict or Finding	497

Form of Motion for Equitable Relief after Verdict or Finding	498

Bills Based upon Multiplicity of Interests	499

Form of Bill Based upon a Multiplicity of Interests	500

Bills of Equitable Replevin	501

Bills to Revive Actions against Estates of Deceased Persons	502

Form of Bill under G L Ter Ed c 197 10 to Revive Action against Estate of Deceased Persons	503

Form of Bill under G L Ter Ed c 228 5 as Amended to Summon in to Defend an Action the Administrator or Execu tor of a Deceased Defendant	504

Bills under Uniform Fraudulent Conveyance	505

Form of Bill to Set Aside Foreclosure of Mortgage Fraudulent as to the Plaintiff	506

Form of Bill to Set Aside Fraudulent Release	507

Form of Bill to Set Aside Fraudulent Assignment of Mort gage	508

Jurisdiction Quasi in	509

Form of Bill to Quiet Title to Real Estate	510

Bills for Declaratory Relief	511

Form of Bill for Declaratory Relief in Respect to an Agree ment for Compensation	512

Form of Bill for Declaratory Relief against Administrative Agency	513

Form of Bill for Declaratory Relief to Prevent Violation of Terms of Lease	514

Form of Bill for Declaratory Relief Interpreting Terms of Lease	515

Bills Based upon Appeals from Board of Appeals on Zoning Laws	516

Form of Appeal from Granting a Variance of Zoning Laws	517

Form of Appeal from Order Denying Application for Build ing Permit	518

Bills to Foreclose Mortgages under Soldiers and Sailors Civil Relief	519

Form of Bill to Foreclose Mortgage	520

Form of Bill to Foreclose Mortgage Short Form	521

Form of Interlocutory Decree Authorizing the Entry and Sale	522

Form of Final Decree Approving Sale	523

Land Court Chapter 2 Jurisdiction in Personam 21 Equity Acts in Personam 22	524

Form of Bill to Enforce Statutory Liability of Officers	525

Jurisdiction Based on Domicile 23 Jurisdiction over Nonresidents 24	539

Persons Subject to Jurisdiction	542

Directors	544

Sections 581End

Volume 6	1

Enjoining Acts Abroad	25

Enjoining Foreign Actions	26

Enjoining Domestic Actions at	27

Enjoining Administrative Proceedings	28

Enjoining the Enforcement of Judgments or Decrees	29

Suits in Re Foreign Lands	30

Want of Jurisdiction over the Subject Matter	31

Jurisdiction over the Person Conferred by Consent or Waiver	32

Objections to the Jurisdiction of the Court	33

Adequate Remedy at	34

Waiver of Objection of an Adequate Remedy at	35

Retention of Jurisdiction	36

Dismissal of Suit by Plaintiff before Trial	42

Interrogatories 721 Inspection of Books Documents and Records	44

Introduction	51

Proceedings in	52

Powers of a Court of Equity	53

Power of a Court of Equity to Act in	54

Requirement of	74

The Sufficiency of the	75

Seizure of the	76

Requirement of Notice	77

Introduction	91

Suit	92

Commencement of Suits in the Supreme Judicial and Superior Courts	93

Commencement of Suits by Bill or Petition	94

Commencement of Suits by Writ	95

Commencement of Suits in the Probate Courts	96

Commencement of Suits in the Land Court	97

Introduction	111

Venue Distinguished from Jurisdiction	112

General Principles of Venue	113

Venue of Suits in the Supreme Judicial and Superior Courts	114

Venue of Suits in Probate Courts	115

Venue of Suits in Land Court	116

Necessity of Objection to Venue	117

Waiver of the Objection to Venue	118

Change of Venue	119

Introduction Chapter 7 Process	131

General Principles of Process	132

Process in Suits Commenced by Bill or Petition in the Supreme Judicial and Superior Courts	133

Attachments in Suits Commenced by Bill or Petition in the Su preme Judicial and Superior Courts	134

Injunctions in Lieu of Attachments in Suits in the Supreme Judicial and Superior Courts	135

Requirements and Issuances of Injunctions	136

Process in Equity in Probate Courts	138

Process in Equity in the Land Court	139

Arrest in Equity Suits	140

Writs of Ne Exeat Regno	141

Form of Petition for Writ Ne Exeat Regno	142

Preparation of the Record	148

Transmission of Exhibits upon Appeal	149

Entry of Record in Supreme Judicial Court	151

Introduction Chapter 8 Service of Process	161

General Principles of Service of Process	162

Service of Subpoena in Suits in Equity in the Supreme Judi cial and Superior Courts	163

Service of Process in Suits in Equity in Probate Courts	164

Service of Process in Suits in Equity in Land Court	165

Service of Process in Suits Commenced by Writ	166

Service of Process in Suits Commenced by Writ of Summons	167

Service of Process in Suits Commenced by Writ of Summons and Attachment	168

Service of Process in Suits Commenced by Trustee Writ	169

Service of Process on Absent Defendants	170

Service of Process in Suits in Personam against Nonresi dents	171

Service of Process in Suits Quasi in Rem against Nonresi dents	172

Service of Process in Suits against Domestic Corporations	173

Service of Process in Suits against Foreign Corporations	174

Issuance and Service of Supplementary Process	175

Amendment to the Return of the Officer	176

Conclusiveness of the Return of the Officer Chapter 9 Entry of Suits 191 Introduction	177

Entry of Suits Commenced by Bill or Petition	192

Entry of Suits Commenced by Writ	193

Late Entry of Suits Commenced by Writ	194

Issuance of Temporary Restraining Orders	195

Issuance of Preliminary Injunctions	196

Dissolution or Modification of Injunctions	197

Attachments During Pendency of Suits	198

Requirements as to Furnishing Copy of Bill or Petition	199

Doctrine of Lis Mota	200

Lis Pendens 221240	221

Parties 241270	241

Edisi yang lain - Lihat semua

Equity Pleading and Practice: With Forms, Volume 7
Leo A. Reed
Pratinjau tidak tersedia - 1952

Informasi bibliografi

Judul	Equity Pleading and Practice: With Forms, Volume 7 Equity Pleading and Practice: With Forms, Leo A. Reed Volume 6-7 dari Massachusetts practice
Pengarang	Leo A. Reed
Penerbit	Boston Law Book Company, 1952
Asli dari	Universitas Harvard
Didigitalkan	16 Mar 2005

Ekspor Kutipan	BiBTeX EndNote RefMan

Tentang Google Buku - Kebijakan Privasi - Persyaratan Layanan - Informasi untuk Penerbit - Laporkan masalah - Bantuan - Beranda Google