The Government Class Book - Designed for the Instruction of Youth in the Principles - of Constitutional Government and the Rights and Duties of - Citizens. by Andrew W. Young
page 92 of 460 (20%)
page 92 of 460 (20%)
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§2. A debtor, to avoid the payment of his debts, may conceal his
property or his money; but this court may compel him to disclose and give up the same to satisfy an execution; and it may prevent persons indebted to him from making payment to him. A person refusing to fulfill a contract may, in courts of common law, only be sued for damage; but this court may in certain cases compel him to fulfill the contract itself. It may also restrain individuals and corporations from committing fraudulent acts, and prevent persons from committing wastes on land and certain other injuries, until the right at law can be tried. §3. Courts of chancery were established, it is believed, in a majority of the old states. But separate and distinct organizations called chancery courts, now exist in but a few states; the power to try suits in equity having been given to the judges of the common law courts. §4. Suits _in equity_ are not commenced as suits _at law_. The plaintiff prepares a bill of complaint, the facts stated in which are sworn to by himself. The bill, which contains a petition or prayer that the defendant may be summoned to make answer on oath, is filed with the clerk of the court, who issues a subpÅna commanding the defendant to appear before the court on a day named. A trial may be had on the complaint and answer alone; or witnesses may be introduced by the parties. The case is argued by counsel, and a _decree_ is pronounced by the court, which the court has power to carry into effect. §5. There is another kind of courts which are in their nature different from ordinary law courts, and are called _probate courts_. There is in every county a probate court held by a _judge of probate_, whose duties relate to the proving of wills and the settling of the estates of persons deceased. A _will_ is a writing in which a person gives |
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