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An Outline of the Equity Pleading and Practice; With Forms, and the Federal Equity Rules, Prepared for the Use of the Students of the Law School of the University of Virginia: (English)

An Outline of the Equity Pleading and Practice; With Forms, and the Federal Equity Rules, Prepared for the Use of the Students of the Law School of the University of Virginia: (English)

          
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About the Book

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: in which the plaintiff resides. In the latter case the proper venue is the district in which the defendant resides.7 CHAPTER V. Process to Commence the Suit. 52. Process in equity courts?its nature. ? In the common law courts the process to begin the action varies with the nature of the action. If this be debt, or assumpsit, or covenant, the process or writ is likewise in debt, assumpsit, or covenant, as the case may be. In equity, however, the process is uniformly a subpoena, or summons, requiring the defendant to appear and make defense to a bill in chancery filed against him, with no further indication of the nature of the suit.1 53. The same?when issued.?Under the original equity practice the subpoena could be had only on the filing the bill of complaint, in which were set forth the demands of the plaintiff, and in which was a prayer for the issuance of the writ. In Virginia, while the writ may issue after the bill is filed, it is common practice, sanctioned by statute,2 to issue the process in advance of the filing of the bill?the latter being filed only at the return day of the process. In the Federal courts, the process cannot be had until after the filing of the bill.3 54. The same?injunction suits.?Where preliminary action by the court is required, as in the case of applications for preliminary injunctions or appointment of receivers, of course the bill, even in ' Virginia, must be filed before suchpreliminary action can be had, since the court or judge could not grant the injunction, or take other preliminary action desired, without knowledge of the case made in the bill. And as the injunction order is usually endorsed on or attached to, and served along with, the subpoena, it follows that in such suits the bill is always filed before i...


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Product Details
  • ISBN-13: 9780217775939
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 126
  • Series Title: English
  • Weight: 240 gr
  • ISBN-10: 0217775934
  • Publisher Date: 31 Dec 2011
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 7 mm
  • Width: 189 mm


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An Outline of the Equity Pleading and Practice; With Forms, and the Federal Equity Rules, Prepared for the Use of the Students of the Law School of the University of Virginia: (English)
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