Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1871-10-14
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Revision Of the Rules of Practice
by the Convention Of Chaneei

IN OhtNOG1Ae
Revision Of the Rules of Practice
by the Convention Of Chaneei-
lOrs.
The Nashville Banner Of the lath
has the following " ~
The Convention of Chancellors reas-
semhled yesterday at nine am, Chan
cellor Morgan in the chair
ISJuxcTIoYs AND RECEIVERS.
The Committee on Injunctions and
Receivers reported the following rules,
which we're adopted a .ials
Where the oath of the defendant to
his answer to an INDUCTION bill is waived
the defendant may, nevertheless, for the
purpose of dissolution of the ipjunc-
ton, swear to his answer without leave
Of the court, and upon motion to dis
solve on bill and answer, the answer
may be looked to for that purpose as fully
as if the permission of the court. had
been obtained. ufn0s.a A.
In the appointment of Receivers, and
applications to modify or abrogate or
ders or DEGREES appointing or directing
Receivers, FIVE days notice, if in yaca-
ton, and one days notice in open court
il ip term time, shall be given to the OPP
posite party. a shorter notice may be
liked, or the matter heard without mo-
tice, at the discretion Of the Chancellor.
The notice of motion to dissolve an
Injunction shall, in, all cases, state upon
what the motion is based, whether for
want of equity on the face OF the bill, or
upon bill and answer. e..r
Upon the hearing of motion to dis
solve an injunction upon an answer, the
fact that the answer has been excepted
to for insuiliciency, for scandal or imper-
thence, or that the time to file the ex-
ception has not elapsed, shall not post
pone the hearing of the motion to dis
solve, but the Chancellor may, without
passing upon the exceptions, dispose Of
the motion to dissolve. a8lI
g. DISPOSITIONS.
The committee on dispositions recon-
mended that no rule concerning this sub
ject be adopted for the present, and they
were discharged.
SCANDAL OR 1MPERrISEEcE.
The following amendment TO the rule
adopted on Wednesday in lien Of rule lS
was adopted:
An executions for scandal or imper-
thence must be in writing and signed
by counsel, describing the particular
passages which are alleged to be scan
dalous or inpertinent.
CORPORATIONS.
The following important rules con
corning corporations we're adopted;
ANY person opposing the organization
of corporation shall be required to
make defense by plea, motion to dismiss
or demur or answer under oath to the
petition; IL the latter he shall state in
brief the causes why the organization
should not be allowed, and the petition
or answer shall merely operate TO make
issues
All the evidence taken in such cases
shall be by deposition, taken as in other
cases in chancery.
All applications for the organization
of corporations shall be put upon the
rule docket, and If not opposed, shall be
heard upon motion. Applications to
which opposition is made, shall be put
upon the trial docket upon the fling Of
an answer, and shall be proceeded in as
other causes in chancery.
Costs accruing in all eases OF applica-
tons for incorporation shall be decreed
against the parties, as in other causes in
equity; and either party may be required
to give security. for costs at any time be-
fore final hearing, either at the instance
of the court, or each other, and Fl 70 shall
be awarded. 20
There was a lengthy discussion CON
corning DEGREES organizing corporations,
as to specifying powers, rights, limita-
tons, liabilities, etc, but the whole ques-
ton was tabled without any definite rule
being agreed upon. siar-' 'f
Adjourned to meet at 3 pm.
~ AFTERNOON SESSION.
Chancellor Scott introduced the fol
lowing rule, which was adopted
In all cases where dispositions are
taken upon interrogatories as nov pro-
yided BY law, the certificate OF the Com
missioner shall show who were present
at the taking Of the dispositions, and if
he fail to state all who were present, or
if il appears that either party, his agent
or attorney we're present at the taking Of
the same, and the other party were not
present by himself, agent or attorney, u
shall be good cause Of exception TO the
admissibility Of such deposition.
sri cosrISUAycEa
Chancellor Marks offered the follow
ing. which was adopted:
After cause shalt have been once
continued upon the application Of either
marty or Nv the consent Of the parties,
or by the court, no other continuance
shall be had by either party for cause, or
by consent Of the parties, except upon
the payment Of the costs then recorded,
including the State and county tax.
SorIcE X DEcRtEs rRo coSFEsso.
The following, offered by Chancellor
Scott, were adopted
Il shall not be necessary 10 give notice
10 the party upon a reierence, where the
cause is standing upon a pro conieaso
decree against such party.
In all cases IN which n pro cOlfessO
decree Is set aside pending the cause,
and the party allowed 10 answer, upon
filing the answer The defendant shall
have the right 70 crOss-oxamine the Wit
nesses whose dispositions have already
been taken without any leave Of The
court, aud may have all proper process
TO require their atleadance. but must
give notice 10 the opposite party Of the
time and plhce. as IN other eases, By
taking deposiiions.
cLAssIFIcATIos o. rHE RULES.
On motion Of Chancellor Nixon,
Chancellors Fleming East aud fentress
were appointed a COMMITTEES 10 arrange
and classify the rules which have been
agreed npon, after which the convention
adjourned till 10 an. to-day. TO give the
committee time to prepare their report.