Rules of Practice of the Circuit Court of the United States for the District of Michigan Including All the Rules Adopted by that Court Since 1843S.D. Elwood, 1858 - 78 halaman |
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Halaman 4
... plea Fact in plea determined for de- fendant , how far this shall avail him Overruled , when plaintiff entitled to costs 33 and their fees MOTIONS 33 34 Defendant assigned to answer 34 When to examine bill excepted to Duties of masters ...
... plea Fact in plea determined for de- fendant , how far this shall avail him Overruled , when plaintiff entitled to costs 33 and their fees MOTIONS 33 34 Defendant assigned to answer 34 When to examine bill excepted to Duties of masters ...
Halaman 5
... plea , unless upon terms 38 Service of notice deemed an ap- pearance 59 18 DEMURRERS , Parties shall answer or amend , upon terms 35 19 222 To be special as to form and sub- stance Amendments on terms 22 When judgment is against de ...
... plea , unless upon terms 38 Service of notice deemed an ap- pearance 59 18 DEMURRERS , Parties shall answer or amend , upon terms 35 19 222 To be special as to form and sub- stance Amendments on terms 22 When judgment is against de ...
Halaman 5
... Plea and notice , same matter for- bidden . Rights of defendants in pleadings Where defendant shall plead gen- Return day of . eral issue . PROCESS , 87 Duties of marshal previous to sale Who may choose appraisers SUPREME COURT OF ...
... Plea and notice , same matter for- bidden . Rights of defendants in pleadings Where defendant shall plead gen- Return day of . eral issue . PROCESS , 87 Duties of marshal previous to sale Who may choose appraisers SUPREME COURT OF ...
Halaman 14
... plea , demurrer , or answer to the bill in the clerk's office , on the rule day next succeeding that of entering his appearance : in default thereof , the plaintiff may , at his election , enter an order ( as of course ) , in the order ...
... plea , demurrer , or answer to the bill in the clerk's office , on the rule day next succeeding that of entering his appearance : in default thereof , the plaintiff may , at his election , enter an order ( as of course ) , in the order ...
Halaman 19
... plea , or demurrer to the bill , he shall pay to the defendant the costs occasioned thereby , and shall , without delay , furnish him a fair copy thereof , free of ex- pense , with suitable references to the places where the same are to ...
... plea , or demurrer to the bill , he shall pay to the defendant the costs occasioned thereby , and shall , without delay , furnish him a fair copy thereof , free of ex- pense , with suitable references to the places where the same are to ...
Istilah dan frasa umum
adverse party agent allowed amend his bill amerced appear and answer appearance bail apply appointed appraised assumpsit attorney bail bond cause shown ceedings Circuit Court clerk clerk's office commission commissioner copy thereof counsel Court of Chancery creditor debtor declaration decree deemed default defendant demurrer or plea deposition direct discretion district due notice Elijah W endorsed entered entitled examination exceptions execution furnish hearing impertinent injunction interrogatories issue judge thereof judgment levy liberty liens marshal matter Michigan ne exeat necessary non est factum notice or paper numbered nunc pro tunc oath Obsolete opposite party order book overruled payment of costs plaintiff may proceed plea in abatement pleading prescribed proceedings process of subpoena real estate replication return day Revised Statutes sold solicitor special bail special order succeeding rule day supplemental bill term thereafter thereto thirty days tiff tion unless the Court viva voce witnesses writ writ of assistance Writ of execution
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Halaman 40 - In all cases where the rules prescribed by this court or by the circuit court do not apply, the practice of the circuit court shall be regulated by the present practice of the high court of chancery in England...
Halaman 26 - ... in the same manner and to the same extent as the executors or administrators in suits concerning personal estate represent the persons beneficially interested in such personal estate ; and in such cases it shall not be necessary to make the persons beneficially interested in such real...
Halaman 24 - To the end, therefore, that the said defendants may, if they can, show why your orator should not have the relief hereby prayed, and may, upon their several and respective corporal oaths, and according to the best and utmost of their several and respective knowledge, remembrance, information, and belief, full, true, direct, and perfect answer make to such of the several interrogatories hereinafter numbered and set forth, as by the note hereunder written they are respectively required to answer; that...
Halaman 40 - Every petition for a rehearing shall contain the special matter or cause on which such rehearing is applied for, shall be signed by counsel, and the facts therein stated, if not apparent on the record, shall be verified by the oath of the party or by. some other person.
Halaman 25 - In all cases where it shall appear to the court that persons who might otherwise be deemed necessary or proper parties to the suit cannot be made parties by reason of their being out of the jurisdiction of the court, or incapable otherwise of being made parties, or because their joinder would oust the jurisdiction of the court as to the parties before the court, the court may, in their discretion, proceed in the cause without making such persons parties; and in such cases the decree shall be without...
Halaman 24 - In all cases where it shall appear to the Court, that persons who might otherwise be deemed necessary or proper parties to the suit, can not be made parties, by reason of their being out of the jurisdiction of the Court, or incapable otherwise of being made parties, or because their joinder would oust the jurisdiction of the Court as to the parties before the Court, the Court may, in its discretion, proceed...
Halaman 33 - ... of them is a single witness to a material fact, the clerk of the Court shall, as of course, upon the application of the plaintiff, issue a commission to such commissioner or commissioners as a judge of the Court may direct, to take the examination...
Halaman 35 - ... or, in his discretion, to adjourn the examination and proceedings to a future day, giving notice to the absent party or his solicitor of such adjournment; and it shall be the duty of the master to proceed with all reasonable diligence in every such reference, and with the least practicable delay, and either party shall be at liberty to apply to the Court, or a judge thereof, for an order to the master to speed the proceedings and to make his report, and to certify to the Court or judge the reason...
Halaman 32 - 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 a judge thereof shall, under all the circumstances, deem it reasonable.
Halaman 26 - And where the plaintiff shall not so set down his cause, but shall proceed therewith to a hearing, notwithstanding an objection for want of parties taken by the answer, he shall not, at the hearing of the cause, if the defendant's objection shall then be allowed, be entitled as of course to an order for liberty to amend his bill by adding parties. But the court, if it thinks fit, shall be at liberty to dismiss the bill.