Chancery Practice: With Especial Reference to the Office and Duties of Masters in Chancery, Registers, Auditors, Commissioners in Chancery, Court Commissioners, Master Commissioners, Referees, Etc., Including Forms of Orders of Reference, Master's Reports, Objections, Exceptions, Orders of Confirmation, Recommmittal, Etc

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T. H. Flood, 1904 - 1087 páginas
 

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Contenido

Their office and duties
40
Their office and duties Generally
48
Antiquity of the court of chancery
61
Same
67
Same
73
45
79
The address
80
49
86
Same
92
The Great Seal and Its
98
Accidents connected with
104
What it should not contain
107
Early bills in chancery
110
Simplicity of early bills
115
Prayer for process
121
Same
127
The Answer
133
SameProtest of the English people
139
CHAPTER IL
145
Same
148
Same Indiana
149
His Removal
156
CHAPTER III
162
Complicated questions of fact Numerous witnesses
168
In a case of accounting
171
Same
175
Reference To whom made Selection of master
180
Master must be disinterested
186
Same
189
When a Reference is Unnecessary
193
Effect of failure to appear
195
Reference Changing from one master to another
200
Same
201
Waiver of irregularities
207
Same
213
Whether final or interlocutory
214
Oral examination of witnesses
219
Master must not exceed authority
221
Masters authority The pleadings
223
Same
225
Recalling witness after he has been once examined
229
CHAPTER V
234
Admissions in pleadings or in open court
240
Preliminary Meeting
249
Its form
258
Same 228
310
Preparation for hearing
311
Same
318
Competency of witnesses
320
Speeding the hearing in the masters office Unreasonable delays
324
238
327
Master as representative of the court
330
122
335
Rereference The masters duty
336
Burden of proof
342
Same
345
Same 593
346
123
348
Examination of defendant for discovery of assets Order of court 262
359
SameDefendant must obey order
366
Same Appeal to the chancellor
374
Rulings of masters in taking the testimony
384
Same Objections must be specific
391
124
393
SameObjections must not be too broad
398
126
404
SameForm
405
127
411
Same
414
128
423
What may be objected to and character of objections
548
130
551
Masters Report
555
The duty of the courtWeight given to masters findings
556
What it must contain
562
Notice of Proceedings in the Masters Office
564
Object of judicial sale Duty of the court and master
568
Same
574
Attacking the masters report of sale The hearing
595
EvidenceHow reported
596
Inadequacy of price
601
HEARING BEFORE THE CHANCELLOR
604
Same
607
Correcting Errors in Procedure
612
Same
613
Attacking Masters Findings of Fact
618
Same
619
Same
625
When exceptions are unnecessary Reports not requiring confirma
627
Failure to except Admits what
633
Grounds of exceptions
639
Same 626
641
Impertinence Surplusage Exceptions
645
Must conform to objections
651
Same
660
Must not attack order
666
Same
674
Evidence must be returned
680
SameForm of certificate
682
New evidence
687
Jury trial
694
Weight given to masters report Rule in the federal courts
702
Same Masters findings compared with jury verdict
714
Examination of a defendant upon a reference as to merits
726
When a rereference is proper
746
RereferenceQuestion how raised
759
General principles Who has a right to appeal
771
The Record How Made Up What is of Record
781
The Transcript
788
1V Assignment of Errors
798
Briefs and Brief Making
805
Same Indiana
813
SameErrors relied upon
819
Same
825
Same
832
Same 627
834
Masters deed
855
Necessity of notice
863
SameForm
867
Notice of sale Form of 576
873
The sale proper 580
879
SameFinal report approving
885
Masters sales by private contract 583
886
Confirmation of masters report of sale 586
893
Who may attack masters sale 590
900
Method of giving notice Its sufficiency and form
910
CHAPTER X
989
Fixing masters compensation
1000
SameWhat to be considered
1008
Of Costs Generally in Case of a Reference
1016
Preservation of briefs
1044
291
1045
Order of rereference Modifying Setting aside
1048
Continuances Adjournments
1051
Same Opening up report for further evidence
1057
Attacking action of master on ground of irregularity
1058
Attendance upon parliament
1064
Same Form of order
1070
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Pasajes populares

Página 374 - In testimony whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written.
Página 980 - I, , a notary public in and for said county, in the state aforesaid, do hereby certify that Walter Merritt, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument...
Página 457 - ... 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 for any delay.
Página 72 - King said that he thought the law was founded upon reason, and that he and others had reason as well as the judges. To which it was answered by me that true it was that God had endowed his Majesty with excellent science and great endowments of nature; but his Majesty was not learned in the laws of his realm of England...
Página 811 - A brief of the argument, exhibiting a clear statement of the points of law or fact to be discussed, with a reference to the pages of the record and the authorities relied upon in support of each point.
Página 811 - When the error alleged is as to the admission or to the rejection of evidence, the specification shall quote the full substance of the evidence admitted or rejected.
Página 72 - To which it was answered by me, that true it was that God had endowed his Majesty with excellent science and great endowments of nature, but his Majesty was not learned in the laws of his realm of England; and causes which concern the life or inheritance or goods or fortunes of his subjects are not to be decided by natural reason but by the artificial reason and judgment of law, which law is an act which requires long study and experience before that a man can attain to the cognizance of it...
Página 155 - 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.
Página 266 - 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 ; and if either party shall fail to appear at the time and place appointed, the master shall be at liberty to proceed ex parte, or, in his discretion, to adjourn the examination and proceedings to a future day, giving notice to the absent party...
Página 995 - The master shall not retain his report as security for his compensation; but when the party ordered to pay the compensation allowed by the court does not pay it after notice and within the time prescribed by the court, the master is entitled to a writ of execution against the delinquent party.

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