A Manual of Practice in the Courts of the United States Volume 2; Embracing the Provisions of the Constitution, the Revised Statutes, and Amendments Thereto Relating to Federal Courts, Together with the Rules Promulgated by the Supreme Court of the United St (Paperback)

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: RULES OF PRACTICE FOR THE Couets Of Equity Of The United States. Rules Promulgated February Term, 1822, 7 Wheat, v. Superseded by Rules promulgated March, 1842,17 Pet. 1x1. Abrogated by Rules of Supreme Court, Edition of 1866. PRELIMINARY REGULATIONS. BULE 1. Court, when open.?The circuit courts, as courts of equity, shall be deemed always open for the purpose of filing bills, answers, and other pleadings, for issuing and returning mesne and final process and commissions, and for making and directing all interlocutory motions, orders, rules, and other proceedings, preparatory to the hearing of all causes upon their merits. Ewing v. Blight, 1 Phila. Repts. 676. RULE 2. Clerk-s office.?The clerk-s office shall be open, and the clerk shall be in attendance therein, on the first Monday of every month, for the purpose of receiving, entering, entertaining, and disposing of all motions, rules, orders, and other proceedings, which are grantable of course, and applied for, or had by the parties, or their solicitors, in all [273] causes pending in equity, in pursuance of the rules hereby prescribed. BULE 3. Orders, rules, etc.?Any judge of the circuit court, as well in vacation as in term, may, at chambers, or on the rule-Jays at the clerk's office, make and direct all such interlocutory orders, rules, and other proceedings, preparatory to the hearing of all causes upon their merits, in the same manner and with the same effect as the circuit court could make and direct the same in term, reasonable notice of the application therefor being first given to the adverse party, or his solicitor, to appear and show cause to the contrary at the next rule-day thereafter, unless some other time is assigned by the judge for the hearing. U. S. v. Flowery, 1 Sprague 10...