Definition of a decree,

152

Decrees which, though final in their nature, require

Mode of enrolling a decree, and time within which it

Modern doctrine as to the extent to which they may

Effect of the allowance of a demurrer to the whole
bill,

100

What should be stated in a demurrer,

100

Any number of causes may be assigned for a de-

Demurrer may be either to the relief or the discovery,

1. That the case in the bill is not one fit for equit

able cognizance, .

2. That the plaintiff is under a disability to suc,
3. That the plaintiff has no interest in the suit,
4. The want of privity between the parties,

5. That the defendant has no interest in the subject,
6. The want of necessary parties,

7. The multifariousness of the bill,
Grounds of demurrer to bills for discovery,

101

102

102

102

102

102

102

103

1. That the case is not one in which equity will
compel a discovery,

103

.

2. That the plaintiff has no interest on which to
found a right to a discovery,

3. That the defendant may be a witness,

4. That the discovery would be immaterial,
Form of a general demurrer,

Origin of the protestation clause in demurrers, [note]
Form of a demurrer for want of privity,

103

103

103

103

103

104

But can not be filed in courts of United States, save
on certificate of counsel,

When usual mode of answer to bills of review,

DEPOSITIONS-

105

106

106

When taken by examiner, and when taken by com-
missioners,

But can not avoid a liability,

Form of simple disclaimer,

Can scarcely ever be put in without answer,
Form of an answer in connection with,
DISTRINGAS

For what purpose used in equity,
Form of,

DISCOVERY, BILL OF—

What is emphatically so called,

Is in general ancillary to another jurisdiction,
What should be stated in a bill of discovery,

93

98

[note] 99

When it is necessary to aver that a discovery is essen-

Cases in which an affidavit must accompany the bill,

76

Where decree is in rem,

Form of a writ of execution,

167

167

Form of a writ of injunction to deliver land,

168

FRAUD-

When cognizable in equity,

336

37

HEARING OF A CAUSE-

Cause may be set down for hearing by either party,
Use of subpena to hear judgment,

148

148

Form of,

148

When returnable, and meaning of "days of grace,"
Course of proceeding at the hearing,

Must be especially asked for in bill, when required,

48

Are such as arise between the institution and final de-

See SUPPLEMENTAL BILL; REVIVOR, BILL OF.

INTERLOCUTORY PROCEEDINGS-

Nature of,

May be made by motion or petition,

Address to the discretion of the court,

When to be supported by affidavit,

133

124

124

124

124

See AMENDMENT; RECEIVER; REFERENCE TO A MASTER;

PAYMENT OF MONEY INTO COURT.

INTERPLEADER, BILL OF-

In what case and for what purpose exhibited,

Affidavit must accompany the bill denying collusion,

70

70

An offer must be made to bring money due into court, 71
What must be shown by the bill,

Plaintiff only entitled to a decree that the bill was

71