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 |
Dari dalam buku
Hasil 1-5 dari 13
Halaman 4
... real estate may be made instead of those they rep- resent 49 61 Heir at law , when may be made a party . 50 when answer not amended 63 In case of a joint and several de- mand 51 Costs thereon 65 To report of master EXECUTION , Course ...
... real estate may be made instead of those they rep- resent 49 61 Heir at law , when may be made a party . 50 when answer not amended 63 In case of a joint and several de- mand 51 Costs thereon 65 To report of master EXECUTION , Course ...
Halaman 5
... est factum or non assumpsit Plea and notice , same matter for- bidden False and frivolous pleas stricken out Of non ... real estate 51 Duties of marshal previous to sale 75 Who may choose appraisers Property to be sold separately 53 ...
... est factum or non assumpsit Plea and notice , same matter for- bidden False and frivolous pleas stricken out Of non ... real estate 51 Duties of marshal previous to sale 75 Who may choose appraisers Property to be sold separately 53 ...
Halaman 25
... real estate , which is vested in trustees by devise , and such trustees are competent to sell and give discharges for the proceeds of the sale , and for the rents and profits of the estate , such trustees shall represent the persons ...
... real estate , which is vested in trustees by devise , and such trustees are competent to sell and give discharges for the proceeds of the sale , and for the rents and profits of the estate , such trustees shall represent the persons ...
Halaman 26
... real estate , or rents and profits , parties to the suit ; but the Court may , upon consideration of the matter on the hearing , if it shall so think fit , order such persons to be made parties . 50 . In suits to execute the trusts of a ...
... real estate , or rents and profits , parties to the suit ; but the Court may , upon consideration of the matter on the hearing , if it shall so think fit , order such persons to be made parties . 50 . In suits to execute the trusts of a ...
Halaman 43
... real estate belonging to the debtor , or of which he is entitled to the rents or profits , attorn to such re- ceiver ... estate and effects into money ; but he shall not sell any real estate of the debtor , without the special order of ...
... real estate belonging to the debtor , or of which he is entitled to the rents or profits , attorn to such re- ceiver ... estate and effects into money ; but he shall not sell any real estate of the debtor , without the special order of ...
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
Bagian yang populer
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.