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 1

Thomas Atkins Street

Edward Thompson, 1909 - 2104 halaman

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PAGE	lxvi

a General Principles	lxvii

Evidence Take in Main Cause 869	lxviii

When Demurrer to Discovery Proper 1128	lxix

Suit by Cross Bill 746	lxxi

Affidavit in Support of Application 955	lxxii

Motions of Course 774	lxxiv

REFERENCE TO MASTER	lxxvii

When Husband Formal Party	335

CHAPTER XII	336

Rule as to Making of Parties in Class Suit	337

Creditors Suit Prosecuted by One or More in Behalf of All	339

Bill Must Purport to Be Class Bill	340

Parties to Suit Brought by Unincorporated Body	341

Parties to Suit against Unincorporated Body	342

Rights of Absent Parties as Affected by Decree in Class Suit 549 Effect of Decree in Class Suits under English Practice	343

CHAPTER LX	lxxviii

Order to Take Testimony on Commission 1034	lxxx

PAGE 2631 Implied Authority to Employ Counsel 1518	lxxxv

Office of Master 844	lxxxvi

General Principles PAGE	lxxxvii

INTERLOCUTORY PROCEEDINGS continued	lxxxviii

Plea or Answer to Bill of Revivor 737	lxxxix

Certificate to Deposition	xc

THE ORGANIZATION OF THE FEDERAL COURTS Legal and Equitable Jurisdiction PAGE 1 Law and Equity in Federal Courts 222	1

State Law Conferring Exclusive Jurisdiction on Other Court	2

Circuit Court the Principal Court of Equity	3

Statutory Recognition of Legal and Equitable Remedies 7 State Laws as Rules of Decision in Proceedings at Law Procedure at Law and in Equity 8 F...	4

Practice at Law Made to Conform to State Practice	5

Completeness of Separation between Law and Equity	6

Right to Jury Trial as Affecting Modes of Procedure	7

Equitable Matters Not Available at Law	8

Plea Setting up Equitable Defense in Action at Law	9

When Legal Matters Cognizable in Equitable Proceeding	10

Equity Administers Complete Relief	11

Jurisdiction of Federal Court of Equity 21 Nature of Federal Court of Equity 12 233	12

Equity Jurisdiction Uniform in All States	13

CHAPTER II	22

Contempt of Injunction 2452 Violation of Injunction as Contempt of Court 1426	25

When Remedy at Law Adequate	28

Other Illustrations	35

Duty of Receiver to Account 1562	41

Equitable Jurisdiction to Restrain Enforcement of Tax Laws	44

b Parties to Reference	49

Defense Must Be Available in Praesenti	50

Publication of Testimony	51

CHAPTER III	56

How Causes Must Be Litigated in Equity	65

Extent of this Power	71

Presumption as to Origin of Unwritten Rule	77

BILL IN EQUITY	82

Supplemental Bill upon Partial Transfer of Interest 711	88

Taking Testimony De Bene Esse	92

When Bill Should Not Be Entitled	95

Modes of Taking Proof De Bene Esse 1076	98

Names of All Parties Must Be Set Out	99

Statement of Abode of Parties	100

Stating or Narrative Part of Bill a Sufficiency of Allegations in General 174 Statement of Equity of Bill	101

Opinions and Conclusions of Law	102

Material Facts Must Be Alleged	103

Cause Must Be Put in Issue	104

Allegation of Facts Best Known to Defendant	106

Set Formulas Unnecessary in Equity Pleading	107

How Defect Resulting from Uncertainty May Be Reached	108

Specific Facts Indicative of Fraud Must Be Shown	109

Charges of Fraud Prejudicial to Plaintiff if Unsupported	110

Allegations of Recent Discovery of Fraud	111

Certainty in Allegations of Negligence and Misconduct	112

Allegations of Bill Seeking Unusual or Extraordinary Relief	113

Allegation of Consideration in Suit Based on Contract	114

Allegations of Interest of Parties 201 Allegation of Plaintiffs Title or Interest	115

Nature of Plaintiffs Interest	116

Allegation of Claim or Interest of Defendant	117

Liability of Defendant Must Appear	118

Miscellaneous Averments PAGE 210 Allegations Explanatory of Apparent Laches	119

Allegations Explanatory of Apparent Estoppel	120

Allegations in Avoidance of Statute of Limitations	121

CHAPTER V	122

Nature and Purpose of Confederating Clause	123

When Special Charges of Combination and Conspiracy Proper	124

The Charging Part of the Bill a Charges of Evidence as Basis of Discovery 220 Function of Charging Part	125

Scope and Purpose of Charges of Evidence	126

Charges of Confessions and Admissions	127

Charges of Documents	128

b Charges of Matter in Avoidance of Anticipated Defense 226 Series of Pleadings in Equity	129

Parties Restricted to Single Pleading	130

Mode of Charging Anticipated Defense	131

The Interrogatories 233 Interrogating Part of Bill	132

Interrogatories Not Permissible in Answer	133

Form of General Interrogatory	134

Interrogatories Must Be Based on Charges of Evidence	135

Requisite PrecisionAdditional Interrogatories	136

When Special Prayer Sufficient	137

Relief Must Conform to Case Made in Bill	138

Principle Further Illustrated	140

Relief Grantable in Suit for Specific Performance	141

Rule Where Fraud or Chicanery Proved	142

Prayer for Alternative Relief	143

Right to Such Relief Broader than Right to General Relief	144

Principle Governing Right to Alternative Relief	145

Criterion of Right to Maintain Bill in Double Aspect	146

Both Facts and Prayers Must Be Consistent	147

Alternative Prayers Founded on Successive Equities	148

Secondary Relief Granted Where Principal Relief Denied	149

Multifariousness as Affecting Right to Secondary or Alternative Relief	150

General Conclusion	151

If Fraud Proved Plaintiff May Have Alternative Relief	152

Prayer for Process 271 Prayer for Process of Subpoena	153

Naming of Defendants	154

Statement of Defendants Minority	155

Plaintiff Now Permitted to Waive Oath	156

CHAPTER VI	157

Pleading of Documents and Their Contents	158

When Documents to Be Set Out in Full	159

Exhibit Considered Part of Bill	160

Exhibit Best Evidence of Contents of Document	161

Bill Interpreted So as to Harmonize Allegations	162

Interpretation to Save Jurisdiction of Court	163

Scandal and Impertinence in Bills 291 Impertinent Allegations	164

Attitude of Courts as Regards Impertinent Allegations	165

Exceptions for Impertinence and Scandal 294 Time for Taking Exceptions for Impertinence	166

Disposing of ExceptionsReference to Master	167

Signature of Counsel	168

Objection for Absence of Signature	169

Verification of Bill	170

Substance of Matters Verified	171

CHAPTER VII	173

Averment of Federal Jurisdiction	174

Want of Equity Not Jurisdictional	175

Jurisdictional Allegation Must Be Positive and Distinct	177

Effect of Failure to Show Jurisdictional Fact	178

Jurisdictional Averment of Existence of Federal Question 316 Allegation of Federal Question	179

Particular Facts Must Be StatedGeneral Averment Insufficient	180

Facts to Be Clearly Shown	181

Plaintiff Cannot Rely on Possible Defense as Ground of Jurisdiction	182

Federal Question in Removal Causes	183

How Jurisdictional Fact Shown in Removal Causes	184

Jurisdictional Averment of Citizenship 324 Statement of Citizenship of Parties	186

Citizenship Must Appear in Bill Answer or Record	187

Early Statutes Governing Mode of Proof 994	188

Citizenship of Person Suing in Representative Capacity	189

Citizenship Should Be Stated in Introduction to Bill	190

Allegation of Residence	191

Technical Accuracy Not RequiredNecessary Legal Inference	192

Judicial Notice that State Member of Union	193

Determination of CitizenshipBurden of Proof	194

Early Doctrine	195

Present PracticeCorporation Treatedas Citizen	196

Insufficient Allegations of Corporate Citizenship	197

Corporation Domesticated in Foreign State	198

Citizenship of Parties Forming Limited Partnership	199

Averment Must Refer to Time of Suit Brought	200

Plaintiffs Citizenship in Suits Brought by Assignee	201

CHAPTER VIII	202

Averment of Alienage	203

Foreign Corporation	204

Averment in Suit Based on Money Demand	205

Allegation Inserted in Stating Part of Bill	206

Conclusiveness of Plaintiffs Averment as to Ambunt	207

Present State of Law on This Point	208

88886	209

Determination of Issue as to Value in Controversy	210

Proof of Value Where No Money DemandUse of Affidavits	211

Aggregation of Claims 367 Aggregation of Separate Claims Held By One Plaintiff	212

When Claims of Different Plaintiffs May Be Aggregated	213

Aggregation of Claims in Creditors Suit	216

Federal Practice Unaffected by State Law	217

Jurisdiction Admitted by Answer to Merits	218

Purpose and Occasion of Act of March 3 1875	219

Application of StatuteCollusive Parties	221

Order of Dismissal	224

Suit by Transferee of Legal Title and Beneficial Interest	225

Tendency of Late Cases	227

Statute Inapplicable Where Judgment Already Entered	228

Jurisdiction and Venue Distinguished	230

Defect of Venue Waived by General Appearance	231

General Demurrer Waives Venue	232

Acts That Do Not Constitute Waiver of Venue	233

Motion to Vacate Service	234

Distinction between Case of Plural Parties and Single Parties	235

CHAPTER IX	237

Equity Procedure as Adapted to Settlement of Complicated Causes	238

Equity Insists on Determining Whole Controversy	239

Subject Not Reducible to Definite Rules	240

Each Case Must Be Determined on Own Facts	241

Objection of Multifariousness Not Favored by Courts	244

When Bill Not MultifariousGeneral Doctrine Illustrated 405 Common Point of Litigation	245

Existence of Numerous Conflicting Claims over One Matter	246

Determination of Whole Controversy	247

Cause of Action on Ancillary Contract	248

Party Sued in Double Capacity	249

Plaintiffs Deriving Title from Common Source	250

Latitude Allowable in Suits Based on Fraud	251

Latitude Allowable in Creditors Suits	253

Creditors Bill Multifarious if Inconsistent Relief Prayed	255

Bill to Enjoin Nuisance and Test Water Rights	256

Suits for Infringement of Patents	258

Patents Pertaining to Single Subject	259

Trademark and Copyright Causes Combined	260

Consideration of Convenience as Affecting This Question	261

Prevention of Multiplicity of Actions at Law	263

Suit to Enjoin Actions at Law	266

Suit by Receiver on Different Causes of Action	267

When Bill becomes MultifariousGeneral Doctrine Illustrated 432 The Multifarious SuitIllustrations	268

Suit for Specific Relief	271

Joint Interest of Defendants	272

Stockholder Suing in Own Right and Right of Corporation	273

When Such Causes May Be Joined	274

Germane Amendment Not Multifarious	275

Practice on Question of Multifariousness 441 How Objection of Multifariousness Raised	276

Defect Waived by Answer to Merits	277

Who May Raise Objection	278

Second Suit on Exscinded Cause of Action	279

CHAPTER X	280

Who May Sue in Equity	281

Alien Enemy Unable to Sue During War	282

Subject of Hostile Country Living in This Country	283

Infant Suing by Next Friend	284

Infant Plaintiff Transposed to Be Defendant	285

1362	287

Invasion of Privacy Discouraged 1112	290

Extension of Time to File Exceptions 893	291

How Far Setoff Available against Goverment	297

Dismissal in Invitum	299

Second Examination Not Favored 1067	301

Whether Infant to Be Made Plaintiff or Defendant	303

CHAPTER XI	306

Parties in Causes in Federal Courts	307

Liberality of Equity Practice as Regards Making of Parties	308

Each Case Determined on Own FactsJudicial Discretion	309

Classification of Parties in Federal Equity Courts	310

Jurisdiction as Affected by Presence or Absence of Parties	312

Necessary Parties	313

Illustrations of Necessary Parties	314

When Cestui Que Trust Necessary	315

Who is Real Party in Interest	316

Admission of New Parties at Hearing	317

How Interest of Absent Party Affected by Decree	318

Illustrations of Indispensable Parties	319

Bill Dismissed Where Indispensable Party Wanting	323

Parties Dispensable as to Particular Relief	325

Improper Unnecessary and Dispensable Parties 524 What Parties Are Dispensable	326

When Holder of Legal Title Dispensable	328

Parties in Suit on Undertaking for Benefit of Third Person	329

Improper JoinderDismissalPresence of Party Ignored	330

Omission of Dispensable Parties Whose Names Unknown	331

Judicial Discretion under Rule and Statute	332

Absent Parties Not Bound by Decree	333

Who Are Formal Parties	334

Reservation in Equity Rule 48	344

True Construction of Rule	345

Parties Plaintiff and Defendant 553 Alignment of Plaintiffs and Defendants	346

General Rule	347

How Question of Misjoinder Raised	348

Rearrangement of Parties to Defeat Jurisdiction	351

Arrangement of Parties in Stockholders Suit	352

CHAPTER XIII	355

Employment of Solicitor	356

Function of Counsel	357

Attorneys and Counsellors before Supreme Court	358

Solicitors Authority to Institute Suit	359

Motion to Dismiss Unauthorized SuitPresumption of Authority	360

Security for Costs 574 General Rule	361

Local Rules Requiring Security	362

Suit Brought by Poor Person 578 Security Not Required of Poor Person	363

Statute Inapplicable in Appellate Proceedings	364

Suit Begun When Bill Filed	365

Original Process a Subpoena 583 Writ of Subpoena	366

Seal and Teste of the Subpoena 307	367

Issuance of Subpoena	368

Address of SubpoenaNames of Defendants 368 h 590 Number of Names in One Subpoena	369

Alias Writ of Subpoena	370

Mode of Service	371

Service beyond Jurisdiction of Court	372

Waiver of Defective Service	373

Dereliction of Corporate Officer	374

Return of Process	375

Return of Service By Leaving Copy	376

Conclusiveness of Recital of Facts in Return	377

Recital of Service on Officer or Agent	378

Form of Order Vacating Service	379

New Process on Supplemental Proceedings after Decree	380

CHAPTER XIV	381

Enrolment in Federal Courts 1181	382

Substituted Process Not Permissible in Original Proceeding	383

Practice in Obtaining Order for Substituted Process	384

Application for OrderAffidavit	385

Service of Copy of Order	386

Termination of Authority of Attorney	387

Cross Bill between Codefendants	388

Form of Bill as Affecting Right to Substituted Process	389

Service of Court OrderPublication	390

General Construction and Application of Statute	391

Service of Notice of Motion 777	392

Statute Does Not Dispense with Jurisdictional Requirement	393

Steps to Bring in Resident Defendant	394

Proof Accompanying Application	395

Requisites of Publication	396

CHAPTER XV	397

Appearance Formal and Informal	398

Appearance of Person under Disability	399

Withdrawal of Appearance	400

General and Special Appearances 646 General Appearance	401

Steps Not Importing General Appearance	402

Special Appearance	403

Formal Special Appearance	404

Local Rule Determining Mode of Special Appearance	405

Leave of Court Unnecessary in Federal Courts	406

Substitution of Special for General Appearance	407

Defects Waived by General Appearance	408

Appearance Limited to Pending Suit	410

Preliminary Motion on Special Appearance	411

Contempt of Defendant in Refusing to Appear	412

Execution and Return of Writ	413

Sequestration Proceedings	414

Sequestrators	415

Assistance Where Sequestrators Resisted	416

Defendant in Custody of Marshal	417

Production of Defendant in Court	418

CHAPTER XVI	419

Formal Pleading of Defendant	420

Time to Plead Answer or Demur	421

Pleading before Time Expires	422

General Principles Pertaining to Answer 682 Answer to Bill for Discovery and Relief	423

Written Answer	424

Commission to Take Answer in Federal Court	425

Compulsory Process to Enforce AnswerReturn of Attachment	426

Joint and Several Answer	427

Adoption of Answer of Codefendant	428

Reservation of Exceptions for Defects	429

Prayer of Dismissal	430

Signature to Answer of Corporation	431

Answer of Peer and Corporation	432

Who May Administer Oath	433

Special Order of Court Permitting Filing of Unsworn Answer	434

Exhibits to Answer	435

Withdrawal of Answer by Leave of Court	436

Effect of Answering to Merit	437

Parts of Bill to Which Answer Responds	438

Answer as Vehicle of Discovery 719 Defendant Must Answer Whole Bill by Way of Discovery	439

Answer Must Be Full and Explicit	440

Insufficient Answer	441

Specific Interrogatories Not Necessary to Enforce Full Discovery	442

When General Answer Sufficient	443

Negative Pregnant in Answer	444

Form and Extent of Defendants Denials	446

Defendant Not Compellable to Marshal Evidence	447

Defendant Not Compellable to Discover Trade Secrets	448

Necessity for Underwritten Note	449

THE ANSWER continued	450

Setting for Hearing 645	451

Mode of Effecting Amendment of Bill 671	454

Authority of Clerk to Grant Rules on Other Than Rule Days 766	459

758	460

Standing and Special Masters 844	462

Impertinence of Exhibit	466

Scope and Form of Interrogatories 1039	468

Striking Irregular Amendment 674	469

Waiver of Right to Except	471

Exceptions Set for Hearing before Court	472

Effect of Overruling Exceptions	473

Exceptions to Unsworn Answer 784 Effect of Waiving Oath	474

Other Considerations	475

Prevailing Doctrine in Federal Courts	476

CHAPTER XVIII	478

General and Special Replications	479

Amended Bill Setting up Matter of Special Replication	480

Supplemental Bill Setting up Matter of Special Replication	481

Requisites of Replication 796 Form of Replication	482

Title and Signature to Replication	483

Separate Replications to Separate Answers	484

Order Dismissing Bill for Want of Replication	485

When Application Comes Too Late	486

Withdrawal of Replication 807 Leave of Court to Withdraw	487

HEARING ON BILL AND ANSWER	488

What Proceedings Are AncillaryGeneral Rule 741	491

Resemblance of Such Hearing to Hearing on Bill and Answer	496

Mode of Proof 1440	498

Practice as to Amended Answer 689	499

Defenses Available by Plea	502

Plaintiffs Right to Discovery 1440	503

Dismissal without Prejudice 816	504

Recognition of Negative Pleas	507

Difficulty of Distinguishing Affirmative and Negative Pleas	508

Affirmative and Negative Elements of Anomalous Plea	509

Illustrations of Anomalous Plea	510

Omission of Allegation of Pretended Defense	513

General Requisites of Plea 846 Singleness of Issue Raised by Plea	514

Pleading Different Pleas to Distinct Parts	515

Order Granting Leave to File Several Pleas	516

Plea May State Many Facts Conducing to One Issue	518

Duplicity in Plea of Former Adjudication	519

Giving Plaintiff Better Writ	520

Plea of Innocent Purchase	521

Defense of Innocent Purchase in Answer	523

CHAPTER XXI	524

Frame of Plea	525

Prayer of Plea	526

All Defendants Must Verify Joint Answer	527

Effect of Failure to Verify	528

Filing of Plea	529

Argument of Legal Sufficiency of Plea 872 Testing Efficacy of Plea	530

Motion to Quash for Legal Insufficiency	531

Setting Plea for Argument	532

Argument of Plea	533

Assumption as to Truth of Matter Stated in Bill	534

Plea Good in Part Only	535

Effect of Decree as Res Judicata	536

Costs	537

When Matter of Plea Not Available in Answer	538

Order Granting Leave Should Be Express	539

Matter of Special Replication Must Be Pleaded in Bill	540

Proof and Trial of Issue	541

Proof Necessary on Issue Raised by Plea	542

Equity Rule Changes Prior Practice	543

Plea Sustained as to Part	544

Court May Refuse to Try Issue on Immaterial Plea	545

Plea Not Supported by Proof 905 Effect of Finding against PleaOriginal Rule	546

Effect of Equity Rule 34	547

Discussion of This Rule	548

Practice in Circuit Courts and Circuit Courts of Appeals	549

Policy of Rule	550

Right of Plaintiff to Insist on Discovery	551

Reserving Benefit of Plea to Final Hearing	552

Reference to Ascertain Truth of Plea	553

CHAPTER XXII	555

Demurrer Lies to Bill Only	556

Demurrer Reaches First Defective Pleading	557

Demurrer Must Be Based on Matter of Record	558

Speaking Demurrer	559

Different Grounds of Demurrer to One Bill	560

Inferences of Fact Admitted by Demurrer	561

Classification of Demurrers 929 Sorts of Demurrers	562

Demurrer to Person	563

General and Special Demurrers 934 General Demurrer	564

When Special Demurrer Necessary	565

Demurring Ore Tenus 938 Nature of Demurrer Ore Tenus	566

Specific Grounds of Demurrer	567

Demurrer Relying on Statute of Limitations	568

Defects of Form Waived by Failure to Demur	569

Demurrer Bad in Part Wholly Bad	571

Precision Required in Special Demurrer	572

Formalities Incident to Demurring 951 Form of Demurrer	573

Prayer of Demurrer	574

Defect Waived by Arguing Demurrer	575

Filing Demurrer	576

Demurrer after Plea or Answer Filed	577

Argument of Demurrer 961 Setting Demurrer for Argument	578

Disposing of DemurrerJudicial Discretion	579

Certainty of Bill as Affecting Disposition of Demurrer	580

Plaintiffs Right to Amend Where Demurrer Sustained	581

Costs and Terms	582

Conclusiveness of Issue Presented by Demurrer	583

CHAPTER XXIII	584

Normal Sequence of Defensive Pleadings	585

Demurrer Plea and Answer to Same Bill	586

Pleading Must Not Be Too Broad	587

Demurrer or Plea to Part Incompatible with Answer to Whole	588

Plea to Jurisdiction Not Overruled by Answer	589

Answer in Support of Plea 984 Matter of Discovery in Answer Does Not Overrule Plea	590

Discovery Not Needed on Affirmative Plea	591

Answer in Support of Plea	592

Necessity for Support Determined by Real Character of Plea	593

Bill Setting Up Equitable Circumstances Fatal to Plea	594

Bill Charging Fraud or Combination	595

Support Necessary Only Where Fraud Charged Would Defeat Plea	596

Concurrent Use of Supporting Answer and Other Pleadings	597

Supporting Answer as Evidence on Argument of Plea	598

Contents of Plea Supported by Answer	599

Discovery of Documents in Supporting Answer	600

Supporting Answer Proper Only Where Bill Contains Charges of Evidence	601

Supporting Answer Must Respond Only to Interrogatories	603

Supporting Answer Unnecessary Where Oath Waived	604

Validity of Plea Unaccompanied by Unsworn Answer	605

Excepting to Answer for Insufficiency	606

Answer in Subsidium	607

Plea or Demurrer Incorporated in Answer 1009 Answer May Embody Matter of Plea or Demurrer	608

Affirmative Plea Embodied in Answer	610

Negative or Anomalous Plea Embodied in Answer	611

Mode of Pleading Matter of Plea in Answer	612

Rule 39 Inapplicable Where Separate Plea Overruled and Incorpo rated in Answer	613

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Istilah dan frasa umum

action at law adequate remedy allegations alternative relief answer appear Application averment bill in equity Bill of Review cause of action circuit court citizenship claim common law contract court of chancery court of equity creditors Decree defendant demurrer dependent bills discovery Discretion distinct district courts diversity of citizenship double aspect effect enforce English chancery entertain equitable jurisdiction equitable relief equitable remedies equity pleading equity rule facts federal courts Foreclosure fraud fraudulent granted ground held Injunction Interpleader interrogatories judgment jurisprudence jury justice laches land Law and Equity legal and equitable Legal Remedy lien litigation matter nature Ne Exeat necessary original bill parties petition plaintiff possession prayed prayer for process principle procedure proper question quiet title Receiver Receivership remedy at law rules of practice sought special prayer statute sufficient suit in equity supreme court tion trust United Writ

Informasi bibliografi

Judul	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 1 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, Thomas Atkins Street
Pengarang	Thomas Atkins Street
Penerbit	Edward Thompson, 1909
Tebal	2104 halaman

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