Page:Black's Law Dictionary (Second Edition).djvu/141

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BILL

Par, 98-1, 4 L. R. A. 826, 12 Am. St Rep. 11 Sharon v. Sharon, 67 CoL 185, 7 Pac.

45h.

Bills are said to be original, not original, or in llIi' nature of original bills. _'1‘h_ey are original earn the cirtnnistiinr-es constituting the case are i I already before the court, and relief is de-

iided, or the bill is filed for a subsidiary

purpose.

-—Bill for a new trial. A bill iri.e(_1uity_in r.'.ilrh the specific relief asked is an injunction an at the execution of a judgment rendered u uw and a new trial in the acuon, on account on‘ mine fact which would render it inequitable 1.. enforce the judgment, but which was not imuiible to the party on the trial at law, or vvllrli he nas prevented from presenting hy hunt or accident, without concurrent fraud or ixgirnrcr on his own part —Bill for foreclo- sure. One which is filed by a mortgagee uuinst the mortgagor, for the purpose of having liu‘ estate sold, thereby to obtain the sum mort- gixvd on the premises, with interest and costs 1 Xadd. Ch. Pr. 5‘.’S.—Bill in nature of _u bill of review. A hill in equity, to obtain in re-exnrnination and reversal of a decree, filed by aw who was not a party to the original suit, wt tciind by the deci'ec.—Bil1 in nature of a bill uf rev-ivor. Wlier'c, on the abatement of R suit, there is such a transmission of the iiibrest of the incapacitated party that (be title in :t as well as the person entitled, may be the 1-I-I-r:t of litigation in a court of chancery, the s cannot be continued by s mere bill of re- ihur, but an original bill upon which the title Ill be litigated must be filed. This is called I '11:] in the nature of a bill of revivor.” It is founded on priiity of estate or title by the act or the party. And the nature and operation of lip whole set by which the priilty i ester] is [I143 to controversy. Story, Eq. Pl. 9 784580; ' -\ui£r. K: Eng. Enc. Law, 27l.—'.BiIl in nap tnra of a supplemental bill. A hill filed iilicn new parties, with new interests, arising frun events happening since the suit was com- noeiicd, are brought before the court; wherein it differs from a supplemental bill, which is properly applicable to those cases only where

9 same parties or the same interests remain ix-lure the court. Story. Eq. Pl. (5th Ed.) 5 345 st seq.—Bill of conformity. Onc filed hy an executor or administrator, who finds the slfairs of the deceased so much involved that he cannot safely administer the estate except uiirlcr the direction of a court of chancery. This bill is filed against the creditors. generally, for lib! purpose of bavin all their claims adjusted. and procuring u fin decree settling the order of pu_iinr-ut of the assets. 1 Story, Eq. Jiir. 5 -HU.—B‘i1l of discovery. A bill in equity filed lu obtain a discovery of facts resting in the liuniulgc of the defendant, or of deeds or writ-

, or other things in his custody or power. Elli)’. Eq. Pl. (5th Ed.) § 311; Wright v. Su- prrior Court, 139 Cal. 469, 73 Pair. 145; Eversuu v. Assur. Co. (0. C.) 68 Fed. 258' State -. Snrings ca. 23 Or. 410, 43 Pac. 1cé._nsii of information. Where a suit is instituted on IT;-ilf of the crown or government, or of those o ivhnro rt has the custody by virtue of its prerogative, or whose rights are under its particular protection, the matter of complaint is mined to the court by way of information by up nttoruev or solicitor general. instead of by

Iition. Where a suit immediately concerns ‘a crown or government alone, the proceeding is purely by way of information, but, where it -mi not do so immediately, a relator is appoint- rsi. tho is answerable for costs, etc., and, if he is llllA$‘€SlZl2ll in the matter in connection with

crown or government, the proceeding is by iwirnistion and bill. Informatir-ns ditfcr from U“! in little more than name and form, and lln same rules are substantially applicable to both. See Story, Eq. Pl. 5: 1 Dnniell, Ch. Pr.

133

{{anchor+|.|BILL

2. 8, 288; 3 Bl. Comm. 261.—Bill of interplaader. The name of a bill in equity to ob- tain s settlement of a question of right to man: or other property adversely claimed, in whi the party filing the bill has no interest, although it may he in his hands, by compelling such ad- verse claimants to litigate the right or title between tliernsclvefi, and relieve him from liability or litigation. Van Win1<le v. Owen, 54 N. J. Eq. 03, 34 At]. 400; Wakcmsn v. Kingsland, 46 N. J. Eq. 113, 18 Atl. 680; Gibson v. Gold- tiiwaite, 7 Ala. 2S1, -1-2 Ara. Dec. 5U2.—Bill of peace. One which is filed when a person has a right which nmv be controverted by various persons, at different times, and by different actions. Ritchie v. Dorlaiid. 6 Cal. 3'4: Murphy V. Wilmingtnn, 6 Houst. (Ilel.) 108. 22 Am Ht Rep SH Elilfidge v. Hill. 2 Johns. Ch. ll\ Y) 28

3555.

Randolph v. Kinney. 3 Rand. (Va) 1 of revivor. One which is brought to continue a suit which has abated before its final consummation us, for example, by death, or marriage of a female plaintiff. Clarke v. Mathewson, 12 Pet. 16-}. 9 L. Ed. 10-ll: Brno IS v. l'A1iii‘r=nt. 98 Fed. 647. 39 C. C. A. 201.—Bill of revivor and supplement. One which is a compound of a supplemental hill and hill of revivor, and not only continues the suit, which has abated by the death of the plsintifi, or the like, but supplies any defects in the original bill arising from subsequent cvents. so as to entitle the party to relief on the whole merits of his case. Mltf. Ec. Pl. .322. 7-}: Westcott v. Cody. 5 Jobns. Ch. (N. Y.) 3-12. 9 Au]. Dec. 306: Bowie v. Minter, 2 Ala. 411-1351 of review. One which is brought to have a dc cree of the court reviewed, corrected, or reversed. Dodge v. Northrop. 83 Mich. 243, 43 N. iV. 505.—Bi1l qnia. tiiuet. A bill invoking the aid of equity "because he fears," that is, because the complainant npprchends an injury to his property rights or interests. from the fault or neglect of another. Such hills are entertained to guard against possible or prospective injuries, and to prescrie the means by which existing rights may be protected from future or contingent violations; diifering from injunctions. in that the latter correct past and present or imminent and certain injuries. Bisp. Eq. § 568; 2 Story. Eq. Jur. § 826; Bailey v. South- wick. 6 Lans. (N. I) 304; Bryant v. Peters. 3 A1 169; Randolph v. Kinne , 3 Rand. (Va.) 395 Bill to carry a. decree into execution. One which is filed when. from the nuglecl, of parties or some other cause. it may become impossible to carry a decree into execution wi out he further decree of the court. Hind. Ch. Pi‘. F5: Story, Eq. Pl. § 4f!_—Bill to perpetuate testimony. A bill in equity filed in order to procure the testimony of witnesses to be taken as to some matter not at the tlinc before the courts, but which is likely at some future time to be in litigation. Story, Eq. Pl. (5th Ed.) § 300 ct wg.—Bill to suspend a. decree. ()ne brought to amid or suspend a de crce under special circiimstances.—Bill to take testimony the ire use. One which is brought to talie the testimony of witnesses to a fact material to the prosecution of :1 suit at law which is actually commenced, where there is good cause to fear that the testimony may othemise be lost before the time of trial. 2 Story, Eq. Jur. § 1813. n.—Ci-osn-bill. One which is brought by a defendant in a suit against a plrLintii’.E in or against other defendants in the same suit, or against both, touching the matters in question in the original hill. Story. Eq. I-’l. § 389: Mitt. Eq. P1. 80. A cross-bili is a bill brought by B. defendant against a plsintifi’. or other parties in is former bili depending, touching the matter in question in that bill. It is usually brought either to ohtain a necessary discovery of facts in aid of the defense to tha


or al bill, or to obtain full relief to all parti in rnfr,-rence to the matters of the original bill. it is to bs treated as a mere auxiii.-irv suit.

Shields v. Burrow, 17 How. 1-1-1, 15 L. Ed. 158;

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