Year: 1879

Several Rules In Gases of Equity Involving


Important Points of Practice.


The clerk of the United States circuit
court is in receipt of several important court
rules from the department of justice at
Washington. AS they involve matters of
Importance in general practice to all lawyers,
they are given herewith in full:


AMENDMENTS TO EQUITY RULES.


BiUs Taken Pro C0nfesso-1S.-It shall be
the duty of the defendant, unless the time shall
be otherwise enlarged for cause shown, by
Judge of the court for that purpose, to file his
plea, demurrer or answer to the bill, in the
clerk Office, on tho rule-day next succeeding
that of entering his appearance. In default
thereof the plaintiff may, at his election enter
an order Gas of course) in the order book, that
the bill be taken pro coyesso; and thereupon
the cause shall be proceeded in er payte, and
| the matter of the bill may be decreed by the
court at any time after the expiration of thirty
days from and after the entry of said order, if
| the same can be done without an answer, and
is proper to be decreed or the plaintiff, if hs
! requires any discovery or answt to enable him
| to obtain a proper Decree shall be entitled to
process of attachment against the defendant to
compel an answer, and the defendant shall not,
when arrested upon such process, be discharged
therefrom unless upon fling his answer, or
otherwise complying with such order as the
! cOult OI Juuse LnereoI may QlreCG, as 20
| pleading to or fully answering the bill. within
a period to be fixed 10y the court or judge, and
undertaking to speed the cause.


| 19.-When the bill is taken pro conJesso, the
court may proceed to decree at any time after
| the expiration of thirty days from and after
the entry of the order to take the bill pro can
tesso, and such decree rendered shall be deemed
absolute, unless the court shall, at the same
term, set aside the same, or enlarge the time
for hllng the answer, upon cause shown,
upon motion and affidavit of the defend
ant. And no such motion shall be grant,
ed unless upon the payment OF the costs
of the plaintiff in the suit up to that time, or
such part thereof as the court shall deem rea-
take to file his answer within such time az the
court shall direct, and submit to such other
terms as The court shall direct, for the purpose
of speeding the cause.


93-When an appeal from final decree, in


an equity suit, granting or dissolving an in
junction, ls allowed by justice or Judge who
took part in the decision of the cause, he may,
ID his discretion, at the time of such allowance,


make an order suspending modifying tho
injunction during the pendensy of the appeal,
upon such terms as to bond or otherwise as he


may consider proper for the security of tie
rights of the opposite party.


30-In cases where appeals of the character
mentioned in rule SO regulating equity prac-


tice, have already been taken, this court will.
after the cause has been docketed entertain an
application for a suspension or modification Of


the injunction based upon statement of the


facts affecting the application by Justice or
}, judge who took part in the decision All such


applications must be printed and submitted on


briefs. No oral arguments will be heard unless


specially ordered.