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

Front Cover
T. H. Flood, 1904 - 1087 pages
 

Contents

Their creation
38
Their office and duties Generally
48
Equitable Jurisdiction of the Court of Chancery
57
The king as the source of all legislative and judicial power
64
Same
71
Jurisdiction as affected by changed conditions of society
88
The Great Seal and Its
98
Accidents connected with
104
Early bills in chancery
110
Simplicity of early bills
115
Prayer for process
121
Same
128
Same Statement of problem
136
Court of chancery migratory
143
Same
148
Same Indiana 97
149
SameBond and oath 112
155
CHAPTER III
162
Masters authority Rules of court
167
Complicated questions of factNumerous witnesses 120
168
Who entitled to prosecute the reference
173
Fixing time of hearing
179
Reference To whom madeSelection of master
180
Same
185
Master must be disinterested
186
Form of warrant or notice
189
ReferenceWhen necessary Complex and intricate accounting 139
192
Decree pro confesso Effect of without a reference or proof
198
Sales by mastersImportance of duty Definition
202
Must not be too broad
204
SameThe issues 123
209
156
211
Source of masters authority
217
318
225
Recalling witness after he has been once examined
229
Notice of Proceedings in the Masters Office
234
Necessity of notice 186
255
Length of time required
261
Effect of failure to appear
268
Same
277
207
286
Same 187
291
81
293
Same 125
297
Same
299
Preparation for hearing
311
82
315
Competency of witnesses
320
SameHearsay
328
Voluminous booksTabulated statements
335
Same
345
New evidence
350
Same
355
Forms of transfers of assets to receiver
375
The answer as evidence
382
84
384
Same Objections must be specific
391
85
392
Same
395
SameObjections must not be too broad
398
In a case of accounting
401
88
405
Same
407
Reporting the evidence
413
Same
429
Same
435
SameWhere facts are admitted
441
Same
447
Method of presenting question to the court
452
Same
453
What facts are in issue
477
Measure or quantum of proof
488
Masters conclusions or findings of
513
Same
520
Same
526
Same Sixth circuit
532
Same Ninth circuit
539
SameExceptions to the rule
545
Same
589
EvidenceHow reported 417
596
Same
604
SameLoose practice condemned 126
629
Hearing on exceptions General principles 470
676
Same 426
681
SameForm of certificate
682
362
697
Weight given to masters report Rule in the federal courts
702
Same
714
SameExceptions to general rule
728
Same
739
When a rereference is proper
746
Same
756
Order of rereference Form
763
SameForm of order
769
General principles Who has a right to appeal
771
Attacking action of master on ground of irregularity 427
779
526
781
The transcript What it must contain
788
363
789
1V Assignment of Errors
798
Briefs and Brief Making
805
SameIndiana
813
SameErrors relied upon
819
Same
825
Weighing the testimony of witnesses
831
Same
832
Time and Place of Sale and Notice Thereof
855
Fixing time and place of sale
861
Same
867
Conducting the Sale
874
Same
881
Report of Sale and its Confirmation
887
Confirmation of masters report of sale
893
Who may attack masters sale
900
How masters sale may be attacked
901
Duty of the Court
912
Grounds of Attack
919
Same
925
Same
931
91
936
Same
937
Scarcity of bidders
943
92
948
Same
950
Same
956
Compelling performance of contract
962
When purchaser is charged with notice of irregularities
968
Same
977
CHAPTER X
989
Fixing masters compensation
1000
639
1008
Of Costs Generally in Case of a Reference
1016
Accounting in the masters office
1041
Preservation of briefs
1044
SamePreliminary order
1048
SameForm of the account
1057
Attendance upon parliament
1064
Who may file objections to draft report
1070
Preliminary question may be referred to master 128
1079
Copyright

Common terms and phrases

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.

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