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, EtcT. H. Flood, 1904 - 1087 pages |
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Common terms and phrases
allegations amend answer appear application appointed authority bill cause certificate chan circuit court cited clerk competent complainant conclusions Cook County correct counsel County court of chancery court of equity decree defendant dence directions discretion duty Equity Rule error evidence examination exceptions findings of fact follows Fourniquet fraud ground hearing Illinois incompetent evidence issues judge judicial sale jurisdiction jury justice king lord chancellor master in chancery master's findings master's office master's report motion N. J. Eq necessary notice order of reference overruled Paige party petition plaintiff pleadings practice proceedings proof proper purchaser question re-refer re-reference reason record rule of court says seal solicitor statement statute subpoena subpoena duces tecum supreme court taken Tenn testimony thereof tion trial U. S. App unless upper court viva voce witnesses writ
Popular passages
Page 372 - In testimony whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written.
Page 978 - 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...
Page 455 - ... 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.
Page 70 - 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...
Page 809 - 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.
Page 809 - 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.
Page 70 - 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...
Page 153 - 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.
Page 264 - 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...
Page 993 - 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.