Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-10-14
LAW REPORT.
C-haueeuIors, Meeting:

wednesday in the law chamber OF the state
library AT Nashville, Chanceilor Morgan, of
Memphis, In the chair.
The following is a report Of what was adopt
RULE l5-The following was added TO this
rule: That records Of the same court need not
be fled, but one days notice that they will be
offered as testimony on the bearing, must be
RULE ls-If a bin or answer be excepted to
for scandal or impeTtinence, the same shall be
heard BY the chancellor In vacation OF In term
time, without the Intervention Of the clerk
and master, but IN such eases, II heard by the
chancellor In vacation, five days notice OF
the tune and place shall be given TO the Op-
posite party or his counsel
Exceptions for insuficiency to answer
shall be filed within twenty days after notice
served of the filing OF the answer. The party
nling tho exceptions shall set them down for
hearing before the master within ten days
after they are filed, and, upon failure to do so,
the answer shall be deemed sufficient Upon
the exceptions being set down for hearing, the
muster shall act upon the exception immedi-
ately, and, II allowed, he shall notify the de-
fendants solicitor TO hle a sufficient answer
within twenty days, from which order b. may,
within said time, appeal; but n the defendant.
In obedience TO the order, file an answer de-
clared sufficient by the clerk and master, he
shall notify the cOmplainant's solicitor, and
he may appeal within ten days after the
notice. The chancellor shall act Immediately
or as soon as he may upon the matter. Ex-
cepftons 70 DISPOSITIONS for want of notice, be-
cause not nled In reasonable time, or for other
cause going to the admisslbility thereof, shall
be filed within twenty days from the filing of
the deposition; and shall be acted upon i'm
mediately by the clerk and master allowing
his action upon the deposition, from which the
party may appeal within ten days. Upon an
appeal TO the chancellor from the ruling OF
the master, the exceptions must be acted
upon by the chancellor or chamber. or within
The first five days Of the next succeeding term.
unless the cause be sooner reached; and pro-
vtded further, that in all cases exceptions
must be acted on aud disposed OF on or before
the hearing. although the dispositions may
have been nled less han twenty DAYS before
the cause Is reached for hearing.
Rules q, q, "a, % and % were referred to
Chancellor East 10 be reported upon.
Rule . was amended as follows, TO be ap-
shall have discretion to open the account for
additional proof at any time before eonfrmG-
RULE -UpOn a reference. a witness cannot
be examined either by the master or lie partv
whose witness he IS, to the same mater 10
which he had been examined in chief before
the hearing OF the cause, without an order
from the courtor the clerk or master upon affi-
daVtt showing SUFFICIENT cause, but he may be
examined touching any other matter.
RULE "a witness once examined by the
master may be re-examined by the master al
his discretion.
RULE S2-The master shall not pay out any
funds in his hands without an order OF The
court. In sll ~continuanees o0cases The cham
cellOr may order the funds In the hands Of the
clerk, In such cases. 20 be loaned u such
and upon such security, or invested as he
Rule was adopted without change.
RULE 3-The complainant or his solicitor.
before presenting a cause for hearing, shall
cause an the deposifions or other papers To- he
used by him, except the pleadings, 10 be neatly
put together in Or more packages, and secure !
ly fastened at th8top, and the same Daged and
q general index OF the contents Of the package
made AT the beginning or conclusion thereof (
50 likewise shall the defendant or his solicitor /
DO WILL all The deposltions or papers to be used
him, and no decree or order shall he writ
ten upon less h q half sheet OF paper. ana |
always in ink, and these DEGREES, as they are
upon the minutes, shall be fastened |
together a the top securely by the master.
hULB Sb-AH agreements or solicitors. made |
IN accuse and in reference 70 the same, shall |
DO rednced TO writing and signed BY each. |
the same shall not be binding un1n |
either or their respective clients, unless horn |
subsequently agree thereto In open eOurt- i
wn ! - ~ ~ rea9oed 10 writing and filed
RULE S-The master shall not regard nor |
ISSUE any process on an order or 6at directing |
order or decree Of his court, UnLess suob df is |
made 0y the chancellor Of his court: or in /
~ OF hls lneonhsteney or sickness, by an |
ltler chancellor. This rule shall have no an 1
phcatlon 20 q SttpeTSedeGs ordered by a iudra /
Of the supreme court.
hULE Immediately upon the fling of /
paper IN a cause, the master shall cause /
ne salle 90 be enrolled ia a w~ell-bound boOk
tepi lor mat purpose, and his enrolment /
ma! snpersede any other enrolment, so far as
nc Suufts OF cnancery are concerned, as pro- /
ilded Tor In the code by sections 2ll toS2S in
;lusiye, and any paper or papers lost Shan be
nPpiled rom this book upon the certificate OF |
ne clerk thlt the same is q full, true and per- 1
eot copy; and the costs OF the enrolment shall 1
70 included in the general bill OF costs and the /
ule aoeket shall show the book and pages
ipon whlch the enrolment is made.
he committee on
c0NTENPTs:
'1n contempt cases other than those com
nltted in the presence OF the court, the mode l
proceeding shall he as follows:
81. It shall be by petition, stating the con
complained of, supported BY affidavit, |
oSether with such exhibit as records, process
nd returns Of officers, etc, or certiaed COPIES
hereof, as may fully show how the contempt
rose.
90. Thoreupon, the chancellor, if sufficient
ause be shown. shall order the issuance ofan |
ttaehnent flhe body of the contemnor, fix
in said order the time and place OF appear
nee 10 answer, as also the amount and char
eter Of bail bond 10 be taken.
So n chancellor, upon the appearance
ansWerOfthe contemuOr, or production of
is body and neglect to answer, shall hear
ated, unless, upon cause shown, he shall give
urthor time upon the petition, afiidaVits and |
Xhtbits, and answer afidavits and exhibits
hereto IN case the c~ontennor W. and
here he fails TO answer, then upon the case
by the petitioner.
~. In case the eontemnor does not appear.
S required by bail bond judgment shau be
against principal and securities for
full amount of bond, and, in case an alias
tlucilAitnt DC Aoucu, OF the cOntemiOr be l
rrested hereunder, no bail shall be taken,
nd judgment being given upon the bail bond
galnst the principal and his securities for the
Ill amount of the bond and costs and feri
tciaS awarded and the same collected and nafd
lto court, and the court shall award all or 50
lueh thereof as is deemed proper to reimburse
he injured party. Tn balance to be paid into
he treasury of the State.
"5. Where a witness having been duly sum-
Toned TO appear, in obedience thereto, before
ne master, upon proof by affidavit Of such
,ryIce and refusal to appear, the master shall
sue an i~Rstd,teT attachment for the witness. F.,
secure his appearance before the chancellor !
show cause why he shall not be committed,
shall fix the bond for his apdearance. or
he fail TO appear, or appearing, fail to show
lmc1ent cause for not obeying the summons, ,
3 shall be committed until he consents 10 !
We his testimony.
East offered the following as an q
dependent rule on eontemptJ, which was
''FOr a contempt committed in the presence !
q court, 10 shall not be necessary to Issue I
focess or notice, but the offending party
be arrested by the officer waiting upon
10 court, upon the verbal order of the Judge,
ld he shall Tot be kailable, aud thec Court -
ny at once proceed 10 fine or inprison- :
emf, or ootn' snd me minutes shah show
rhe following were adopted as the rules
ncerntns
ACCOUNTS M REPORTS:
When q matter Is referred 10 the clerk and
aster to take an sceount and mRksarsport
court may in the decree, hx the tInse in I
hich said account hall be taken and the I
port mace, and upon whom the notice of
king the ssms shall he served, III the dis
OF the eOurt any notice is necessary. VI
adj in cases In which the decree does not NJ
ecIty any time, the ccOan shall be taken y
ID the repoTt made to the succeeding term :,
the court, Ipon the following rules: II
The master shall assign a time sud place
consider the same, n shall issue a notioa =
efeof % the parties tnterestedIin the AZ =
uni end 20 be effected thereby, ana also 10
eir respective solicitors, IL bOth the partv
d solicitors are residents OF the county. II
Q solicitor Is a resident of the county, and n
2 party Is moi, then the solicitor, and plce
"a. II tbs party is a nonresident of the
then 70 the solicitor alone. Said noticfs II,
ali be Issued I've days before the dsy as
ned, and IL shall be expressed In the no.. II
that II the party or their solfcltora 90 u
divided ABOVE tau ia ettend. the account "
II oe proceeded with expaFte, and II the
rites or their solicitors all TO attend me al
aster shall proceed to take the account d.
on the proof and papers before him, pro-
led the master may, upon the afddaylt of
her party, showing sufficient cause. ad-
I'm tho mattef to another day prior 10
/, commencement OF the next tenn, al =
ltoh time, unless he again adjourn the =
ne, he shall proceed. II parties are numer-
), the notice shall be served upon such OIL
m as the master may designate :
AfteT the evidence has been closed. the =
shall proceed without delay to make ~
report In writing, in ink. With the paQes
H. II NhARAnH ~ - 81