Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-10-13
THE ClrANcEr1.ons IN cONvENTros
Third Days's Proceedings Morning \
Session.

Session. raVrn
The Convention of Chancellors met at 8
O'Clock yesterday morning, Chancellor Nor
gan in the Chair.
The committee Consisting of Chancel-
lors Smith, Nixon and Morgan) on Deposi-
tions reported the following rules, which
were adopted.
WAIVER OF DEFENDANTS OATH. :
Where the oath of the defendant to his an
swer to an Injunction bill is waived, the de-
PENDANT may, nevertheless, for the purpose
of dissolution of the injunction, swear to
his answer, without leave of the Court, and
upon notice TO dissolve ON bill and answer,
the answer may be hooked to for that pur-
pose as fully as if permission Of the Court
had been obtained.
NOTICE OF APPOINTMENT OF RECEIVERS,
ETC.-In the appointment of receivers and
applications to modify or abrogate orders or
DEGREES appointing or directing receivers,
five DAYS notice, if in vacation, and one
days notice in open Court, if in term time
shall be given to the opposite party. A
shorter notice may be fixed, or the matter
heard without notice, in the discretion OF
! the Chancellor.
DEPosITIoNs.-Th Committee on Dep
usitions recommended that no rule on the
subject be adopted, and were discharged.
| EXCEPTIONS TO ANSWER FOR SCANDAL
| AND IsfPERTINENCE.-Th following was
adopted as an amendment to the rule al
ready adopted in the previous days pro-
ceedings, in lieu of rule 49,: All exceptions
for scandal or impertinence must be in wri-
ting, and signed by counsel, describing the
particular passages which are alleged to be
scandalous or Impairment.
CHANCELLoR's POWER TO DISPOSE OF
MOTION TO DISSOLVE INJUNCTIoN.-Upon
the hearing of motion to dissolve an in
junction upon an answer, the fact that the
answer has been excepted to for insufficient
CIV, for scandal or impertinence, or that the
time to file the exceptions has not elapsed
shall not postpone the hearing of the motion
to dissolve, but the Chancellor may, with
out passing upon the exceptions, dispose OF
the motion to dissolve.
ESNOTICE OF A MOTION To DISSOLVE AN
INJUNCTIoN.-The notice of motion tC
dissolve an injunction shall, in all cases, stat
upon what the motion is based whether
for want of equity ON the face of The bill o.
upon bill and answer.
CORPORATIONS = OBJECTION TO Or
OBSERVATION-DISCLOSURES opposing the organ
ization of corporation shall be required Il
make defense by plea, notice to dismiss o
demurrer, or, if the latter answer unde
oath to the petition, he shall state in brie
the causes why the organization should no
be allowed-and the petition and answe
shall merely operate to make issues. A
e the evidence taken in such cases shall be b
!, deposition. taken as in other cases /
= Chancery.
e APPLICATION FOR ORGANIZATION o
: CcRPoRATIoNs.-All applications for tn
: organization of corporations shall be pJ
upon the rule docket, and if not opposes
shall be heard, upon motion. Applicatio
to which opposition is made shall be pI
u upon the trial docket, upon the filing of a
n answer, and shall be proceeded in as oth'
causes in Chancery.
) CoSTs IN APPLICATIONS FOR INCoRPol
n ATIoN.-CoSts arising in all cases of app
q cations for incorporation shall be decree
J. against the parties, as in other causes
equality, and either party may be require
T. to give security for costs at any time beto
final hearing, either at the instance Of Il
court. or each other and FIeri FdciGS sh:
Ne be awarded.
n DEGREES ORGANIZING CORPORATION
r The subject of DEGREES organizing corpoI
C. tions and specifications of powers, righ
n, liabilities, etc, was laid aside because
Is, the conflict of opinion among the Chanc
v lors as to the constitutional right of ChanC
alf nv Courts to organize or create corpoI
er tons, and the meaning and difference
tween organization and creation as appli
to Chancery and Legislative proceedings
relation to charters etc The discusSi
NC was long, able and interesting, some e
he IDENTIFY believing the Chancery Court col
or give to airy nothingness
ID A local habitation a name"
nc DISPOSITIONS TAKEN BY lNTERRoG
mt ToRIEs.-In all cases where dispositions ;
IDS taken upon interrogatOries, as now proyid
nd bv law, the certificate of the commission
he shall show who were present at the taking
to dispositions and if he fail to state all "
re- present, or if it appear that either party,
DIV agent or attorney were present at the taxi
nut of the same and the other party was l
OK present by himself, agent or attorney, it 81
he be good cause Of exception TO the admi:
bilitv of such deposition. Offered by Oh;
celor Scott and adopted.
- TAXATION OF COSTS IN CONTINUE
lex CEs.-After a cause shall have been Oh
&C. continued upon the application of cit
on party, or by consent of the parties, or
OF the Court. no other continuance shall
us, had by either party for cause, or by cons
JP- of the parties, ercept upon the payment
te, all costs then accrued, including the st
led and county tax. Offered by Chance
%, Marks and adopted.
NOTICE UPON A REFERENCE.-t 81
sn- not be necessary to give notice to pa
MS upon reference when the cause is stand
as, upon a pro confeSsO decree against 81
er- party. Offered by Chancellor Scott
WI adopted.
CO CROss-EXAMINATIoN IN PRO COME
mes DECREEs.-In all cases in which a
n m confeSso decree is set aside pending
Ne cause and the party allowed TO ansv
Jay upon filing the answer the defend
rOs shall have the right to cross-examine
witnesses whose dispositions have alre
ia. been taken without any leave of the Co
and may have all proper pro-
md to require their attendance, but must
Ices notice to the opposite party of the time
ace place, as in other cases, by taking DEP
his tons. Offered by Chancellor Scott
adopted.
van On motion, Chancelors Fleming,
all and FentresS were appointed comm
Rob to systematic and number the +
his adopted by the convention in the prev
ken meetings and also those adopted in the
,ack sequent meeting during the present con
and ton.
run The convention here adjourned to I
in at 10 O'Clock to-day, at which time
q of committee on the numbering and fraI
ecis- of the rules adopted will be ready to re
was the same in a body.
the
Tbo Sale of Racing stock.
clu- Maj. George L. Allman' OF Giles cou