A Treatise on Injunctions and Other Extraordinary Remedies: Covering Habeus Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari Or Review, Containing an Exposition of Principles Governing These Several Forms of Relief, and Their Practical Use; with Citations of All the Authorities to Date, Volume 2

Thomas Carl Spelling

Little, Brown and Company, 1901

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General Rules applicable 971 Plaintiffs Interest CHAPTER XXIV	823

Joinder of Parties Plaintiff Special	825

Reference to Injunction 973 Same Subject	826

Necessary Parties Defendant	827

In Actions pertaining to Municipali ties and Municipal Officers	828

State and County Officers	829

In Actions to enjoin Judgments and Executions	830

a In Actions pertaining to Leases of Oil Claims	832

CHAPTER XLVI	1297

rant	1307

Limitations upon Indebtedness as De fence	1317

Previous Payment to Wrong Person as a Defence	1318

Previous Payment to Assignor of Claim as Defence 1507 Release as Defence II PERTAINING TO APPROPRIATION OF MONEY AND Delivery of ...	1319

SameRemedy by Action on Bond	1323

Apportionment of Funds 1515 Holding Office at County Seat	1324

Inspection of Books and Records III ENFORCEMENT OF DUTIES PERTAINING TO TAXATION 1517 Appropriate Remedy for Enforce 1527 ...	1325

Effect of Nonjoinder of Parties De fendant 979 Bringing in New Parties	833

Effect of Improper Joinder as De fendant	834

CHAPTER XXV	836

Essential Requirements 1001 Answer must be specific and direct 1002 Verification Form of Allegation	849

iv	858

Supreme Court	876

CHAPTER XXVII	882

SameRelative Injury to and Con	888

VARIOUS GROUNDS OF MOTION TO DISSOLVE	902

Effect of Lack of or Defective Veri fication	910

Exceptions to Answer 1065 Where Part only of Defendants have answered	911

SameNominal Defendants Alle gations of Collusion and Fraud 1067 For Want of Equity in Bill	913

Death of Parties	914

Failure to prosecute	915

Irregularities in granting	917

Same Subject 1072 Defective Verification of Complaint	918

Dissolution because Second Appli cation CHAPTER XXVIII	920

SameCode Provisions	925

Effect of Evidence Proper Basis of Courts Decision	926

SameOn Motion to dissolve 1083 Findings Jury Trial 1084 Hearing out of County and in Vaca tion	927

Continuance of Hearing of Motion to dissolve	928

Continuance of Hearing for further Proof	929

Hearing on Merits after overruling Motion to dissolve	930

Hearing on Supplemental Amended Bill	931

Compliance with Statutory Provi sions 1091 Failure to appear at Hearing 1092 Order of hearing Motions and Issues	932

Motion pending Appeal from Judg ment or Original Order 1094 Conditional Dissolution 1095 Form and Effect of Order upon Mo tion to dissolve	933

Restoration of Rights 1097 Rectifying Injunction too broad	935

CHAPTER XXIX	936

Transferring Property	940

SameProhibited Sale covered by General SaleExercise of Right to give Preference not punished	941

Continuing to run Ferry 1107 Setting up Claim	942

Interference with Possession 1109 Contempt by Corporation	943

Indirect Violation 1111 Passive Contempt	945

Violation by Plaintiff 1113 Acts held not Violations	946

Lack of Jurisdiction as Defence	947

Advice of Counsel as an Excuse	948

Waiver by and Connivance of Com plainant 1117 Public Convenience Operation of Railroad	949

Absence of Intent to violate consid ered in Mitigation 1119 Violation with Reference to Bond 1120 Party enjoined may protect Prop	950

General Nature of Proceeding 1122 Notice of Injunction Official 1123 Same What Writ should contain 1124 Unofficial Notice	951

General View 1136 Conflicting Decisions 1128 What Issues involved in Proceeding 1129 Duration of Right to punish	958

Release of Parties by Dissolution 1131 Contempt pending Appeal	959

Different Rule in California 1133 Invalidity of Acts done in Violation of Injunction	960

Review of Contempt Proceedings	961

CHAPTER XXX	962

prevails	969

Power of Inferior Court pending Appeal 1144 Injunction pendente lite granted by Appellate Court	970

Final Judgment instead of Reversal	971

What considered on Appeal	972

Sufficiency of Evidence in Support of Order 1148 Discretion of Lower Court respected	973

Matters warranting Reversal	974

Judgment of Appellate Court rein stating Injunction PART II AT	976

BOOK I	977

JURISDICTION	989

erty	990

CHAPTER XXXIII	1025

Courts have no Discretion to refuse	1031

Not granted to test Judges Title	1037

CHAPTER XXXIV	1088

1265 Constitutional	1092

CHAPTER XXXV	1105

1313 General Rule herein	1135

CHAPTER XXXVII	1137

a Additional Pleading by Petitioner	1139

THE RETURN 1322 What constitutes 1323 Requisites 1324 Same Certainty of Statement	1140

CHAPTER XXXVIII	1146

Attachment for Failure to make Re turn 1339 Setting Matter for Hearing	1150

Postponement of Hearing 1341 Issues upon Return	1151

Same	1152

When Objections to Evidence to be made 1346 Plea of Former Application in	1153

1346a Findings 1347 Effect of Discharge	1154

Custody of Petitioner pending the Hearing	1155

Disposal of the Custody of Children 1350 Directing Choice of Minor	1156

Abatement of Proceedings 1352 Penalties under Habeas Corpus Acts	1157

Judge not Subject to Prosecution 1354 Costs	1158

Recognized in the Federal and State Constitutions	1159

Suspension of the Writ	1160

Character of the Proceeding	1163

MANDAMUS	1166

When granted by Courts of only Appellate Jurisdiction 1402 Conflict of Writ with Injunction 1403 Compelling a Trial 1404 Dismissing and reinstati...	1199

Receiving and setting aside Verdicts	1225

New Trials and Defaults	1226

Signing and entering Judgments	1227

1408 Matters of Pleading and Practice	1229

Continuances and Changes of Venue	1230

Mandamus to control granting and vacating Mandamus Injunc	1231

Admitting Evidence and giving In structions	1233

Settling signing and sealing Bills of Exceptions	1234

Same Subject continued	1237

Entertaining and dismissing Appeals from Subordinate Courts	1238

Removal and Suspension of Attor neys	1240

Admission to Practice 1418 Enforcing Judgments and Decrees	1241

Probating Wills granting Adminis tration	1243

Appointment and Control of Officers of Court	1244

Allowance of Costs 1422 Approval of Bonds	1245

Holding Terms of Court 1424 Duties pertaining to Insolvency Pro ceedings	1246

Granting Licenses	1247

Auditing and paying Claims 1427 Ordering the Construction of Public Buildings Bridges	1248

To Justices of the Peace	1249

To Clerks of Courts	1251

Obedience to Mandamus	1252

CHAPTER XLII	1253

Not available to enforce Contractual Obligations 1439 Not granted where it would be bar ren of Results	1259

Not granted to test Collateral Legal Questions	1260

Relief refused where Right doubtful 1442 Same Where Invalidity of Statute is asserted	1261

The Duty must be clear	1262

Other Remedy as a	1263

Remedy by Appeal	1264

Jurisdiction of Matter in a Pending Action not disturbed 1447 When Previous Demand necessary	1265

CHAPTER XLIII	1268

CHAPTER XLIV	1271

Same Right unascertained or dis puted 1458 Same Defence of no Fund in Treasury	1279

controlled	1280

Same Other Duties	1281

To Treasurer	1282

To State Boards	1283

To Chief Officer of Land Office	1284

To Insurance Commissioners 1465 To Superintendent of State Printing 1466 To Keeper of State Prison	1285

CHAPTER XLV	1287

a To compel Revocation of License 1477 Approval of Bonds	1294

To Town Councils 1479 Correcting Record of Proceedings	1295

PERTAINING TO MUNICIPAL AID 1538 Efficacy of the RemedyPowers of 1543 Laches in demanding Bonds as a Federal Courts 1539 Issue and...	1342

ing for Payment by Taxation 1546 SameInjunction from State Court	1345

PERTAINING TO PUBLIC IMPROVEMENTS 1547 Opening and improving Public 1552 Erecting Public Market Roads 1548 Opening improving ...	1346

PERTAINING TO ELECTIONS	1352

1362 Early Origin 1377 Not granted to compel Impossible	1362

CHAPTER XLVIII	1363

CHAPTER XLIX	1370

Pendency of Suit in Equity as a 1387 Petitioner must show himself enti	1376

Producing and allowing Inspection of Books and Records	1385

Inspection by Creditors 1605 Affixing Corporate Seal	1386

WITH REFERENCE TO MEMBERSHIP INTERESTS 1606 Restoration upon Wrongful Expul 1614 Same Inconvenience of Alabama sion	1387

1388 Early Employment of the Remedy 1394 May be resorted to to set Courts	1388

Suspension	1389

Other Remedy 1610 Inspection of Books and Records	1390

What must appear to authorize the Writ	1391

SameInterest of Petitioner 1613 Purpose for which Inspection sought	1393

Rule	1394

Not granted to compel Transfer of Shares 1616 Same Exception	1395

A Different Rule in South Carolina 1618 Issuance of Certificate	1396

Payment of Dividends 1620 Levying and collecting Assessments	1397

Election of Officers	1398

How directed	1399

CHAPTER LI	1400

Municipal Corporation not usually 1638 Succeeding Municipality	1401

CHAPTER LII	1416

The Verification	1426

DEMURRER AND MOTION TO QUASH	1438

CHAPTER LIII	1442

VOL II	1445

CHAPTER LIV	1468

PROHIBITION	1472

No Interference with Jurisdiction	1479

Other Remedy a	1486

Remedy by Appeal	1487

Does not lie to compel reauditing	1488

Necessary that Funds be in Posses sion	1489

Rule not applicable to Auditing Offi cers and Boards	1490

Payment out of Particular Fund	1491

Claims for Salary	1492

Same Title to Office in Dispute	1493

Auditing Accounts of Public Officers	1494

Payment of Fee Bills	1495

Orders of Court	1496

Payment of Judgments	1497

Payment of Interest	1498

Payment under Contract	1499

CHAPTER LVI	1502

BOOK IV	1516

CHAPTER LVIII	1532

CHAPTER LIX	1547

County Buildings	1551

Making Contracts whereby Special	1570

Not to be employed to redress Pri	1576

Complete Classification impossible 1586 Signing and assigning Instruments	1581

CHAPTER LXII	1591

For Forfeiture of Charter or of Cor	1597

Same 1874 Territorial Jurisdiction of Courts 1875 Mode of Trial 1876 Extent of Inquiry Proceeding to try Title to Office 1877 Admissibility of Evi...	1612

Judgment notwithstanding Expira tion of Term of Office 1884 Judgment by Default 1885 Appeal and Writ of Error 1886 Same Stay of Proceedings ...	1626

Costs	1627

Holders of Municipal Indebtedness	1629

Property Owners adjacent to Streets	1630

In Action against Private Corpora	1631

Proceeding instituted by Public Officer	1632

Joinder of Relators Interests	1633

Intervention	1634

Premature Application	1635

Illustrations	1636

Not granted where nugatory	1637

Not granted unless Substantial In justice has been done	1638

Does not lie to review Ministerial Acts 1899 Nor such as are purely discre tionary	1639

a Not granted for review of Legisla tive Action 1900 Not granted in lieu of Quo Warranto	1640

Estoppel of Plaintiff 1902 When barred	1641

Laches as a	1643

Excusable Delay	1644

Proper Diligence	1645

Discretion of Court herein	1646

When Discretion ends	1647

CHAPTER LXV	1649

CHAPTER LXVI	1654

Numerous	1660

B AS AN AUXILIARY REMEDY 1940 General Rules 1941 Purposes for which it will be granted 1942 Identification of Omitted Part 1943 Transcri...	1682

Subsequent Writs for Same Purpose 1947 What considered upon Application Courts Discretion	1687

a In Aid of Mandamus Proceeding	1688

TO QUASIJUDICIAL TRIbunals A PRINCIPLES GOVERNING THE JURISDICTION 1949 General Common Law Principles 1950 Statutory Exten...	1689

Not granted as to Ministerial Ex ecutive or Legislative Duties	1693

The Exercise of Discretion not re viewed 1956 SamePublic Improvements	1695

Same Boards of Taxation	1696

Lies for Action already taken not for NonAction 1959 Diligence in seeking Relief	1697

Premature Application	1698

Courts Discretion in granting and refusing 1962 Conflict with other Remedies Mandamus Quo Warranto	1699

New Parties	1711

Who may appeal	1712

Supersedeas Court	1713

Effect of FindingsDiscretion	1715

CHAPTER LXVIII	1720

General Requirements 2002 Effect	1728

2005 General Requisites III THE ANSWER OR RETURN 2008 Same Where granting has Effect of Writ of Error or Appeal 2007 Record as Part of ...	1733

2018 General View CHAPTER LXIX	1746

Collateral Questions not considered	1755

Expediency and Matters of Discre tion not considered	1756

Objections waived below cannot be made on Certiorari 2028 Effect of Admissions in Pleadings	1757

When Constitutionality of Laws de termined 2030 Presumptions in favor of Jurisdic tion and Legality of Proceedings	1758

SameNotice to Parties	1759

Statutes of Particular States	1760

In Criminal Cases 2034 In Habeas Corpus Cases	1761

What considered upon Preliminary Hearing of Application	1762

What considered on Motion to quash or dismiss	1763

Same On Appeal from Order	1764

CHAPTER LXX	1765

MISCELLANEOUS MATTERS OF PRACTICE	1776

GENERAL INDEX PART I	1783

Letting Contracts for Public	1821

Will not lie against a Mere Ser	1832

Proceeding to try Title to Public 1860 To Information for Forfeiture	1857

Issuance of Public Improvement Bonds	1860

Demurrers	1865

Other Claims for Improvements and Material	1871

Appeal 1964 Suit in Equity 1965 Want of Notice as a Ground	1880

Direitos de autor

Outras edições - Ver tudo

A Treatise on Injunctions and Other Extraordinary Remedies ..., Volume 2
Thomas Carl Spelling
Visualização integral - 1901

Palavras e frases frequentes

action affidavit alleged answer appeal application authority bail bill bond certiorari charged circuit court City claim commissioners committed common law complainant Constitution contempt conviction court of equity custody decree defendant demurrer denied discretion dissolution dissolve an injunction district court duty enjoin entitled equity evidence Ex parte Lange Ex parte Watkins Ex parte Wilson execution facts federal courts filed granted held imprisonment indictment inferior court Iowa issue judge judgment jurisdiction jury justice lie to compel mandamus matter ment motion to dissolve N. J. Eq offence officer Paige N. Y. party pending person petition petitioner plaintiff prisoner proper providing punish question refused relief remedy res adjudicata restrain rule statute sufficient suit supreme court temporary injunction tion trial United violation warrant writ of error writ of habeas writ of mandamus

Passagens conhecidas

Página 1496 - States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and ^agreeable to the principles and usages of law.‎

Aparece em 572 livros desde 1798-2008

Página 990 - Provided, That writs of habeas corpus shall in no case extend to prisoners in gaol, unless where they are in custody, under or by color of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify.‎

Aparece em 139 livros desde 1803-2006

Página 1521 - It shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and other original remedial writs, and to hear and determine the same.‎

Aparece em 83 livros desde 1820-1999

Página 1326 - It was introduced to prevent disorder, from a failure of justice and defect of police. Therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one.‎

Aparece em 102 livros desde 1810-2007

Página 1306 - Judgments heretofore rendered against the person or persons claiming under the contract of war-risk insurance on the ground that the claim was barred by the statute of limitations shall not be a bar to the institution of another suit on the same claim. No State or other statute of limitations shall be applicable to suits filed under this section.‎

Aparece em 100 livros desde 1827-1999

Página 1006 - States, or is committed for trial before some court thereof; or is in custody for an act done or omitted in pursuance of a law of the United States...‎

Aparece em 281 livros desde 1812-2006

Página 974 - The state court issued a temporary restraining order forbidding continuation of the strike and also an order to show cause why a preliminary injunction should not be granted.‎

Aparece em 65 livros desde 1850-2006

Página 991 - The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody under or by color of the authority of the United States...‎

Aparece em 262 livros desde 1803-2007

Página 1098 - For if Congress have a constitutional power to regulate a particular subject, and they do actually regulate it in a given manner, and in a certain form, it cannot be that the state legislatures have a right to interfere; and, as it were, by way of complement to the legislation of Congress, to prescribe additional regulations, and what they may deem auxiliary provisions for the same purpose.‎

Aparece em 98 livros desde 1841-2004

Página 1218 - You, therefore, are hereby commanded that such proceedings be had in said cause as, according to right and justice, and the laws of the United States, ought to be had, the said appeal notwithstanding.‎

Aparece em 137 livros desde 1798-2007

Informação bibliográfica

Título	A Treatise on Injunctions and Other Extraordinary Remedies: Covering Habeus Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari Or Review, Containing an Exposition of Principles Governing These Several Forms of Relief, and Their Practical Use; with Citations of All the ..., Volume 2 A Treatise on Injunctions and Other Extraordinary Remedies: Covering Habeus Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari Or Review, Containing an Exposition of Principles Governing These Several Forms of Relief, and Their Practical Use; with Citations of All the Authorities to Date, Thomas Carl Spelling
Autor	Thomas Carl Spelling
Edição	2
Editora	Little, Brown and Company, 1901

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