Cases On Equity Pleading And Practice

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When the United States, through its congress, has said that suits in its favor shall be brought only within a stated period, we have no criterion for determining whether a given suit was commenced within that period, except to apply the rules and principles applicable to all suitors. The decree of the circuit court will be affirmed.
Process.
Crowell V. Botsford, 16 N. J. Eq. Jf58. (186S.) The bill in this cause was filed to foreclose a chattel mortgage.
The subpoena was issued before the filing
... of the bill, but no notice was taken of the irregularity, and the cause was allowed to proceed to final decree and execution. The defendant now asks to set aside all the proceedings in the cause, on the ground that the sub- poena was issued and served before the bill was filed.
The Chancellor: The defendant asks to set aside the execution, final decree, and all the proceedings in the cause, on the ground that the subpoena was issued and served before the bill was filed.
The statute provides that no subpoena or other process for appear- ance, shall issue out of the Court of Chancery, except in cases to stay waste, \mi\l after the bill shall have been filed with the clerk of the court.


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