WASTE-continued. Case where trustees for the purchase of land of which they were to be tenants for TRESPASS, ib. Formerly injunctions refused in cases of, ib. When first granted, ib. Flamang's case, ib. Lord Byron's case, ib. Subsequent cases in which refused, 230. Where granted, 231. Against person cutting by collusion with tenant, ib. Lord of manor digging on copyhold premises, 232. Not granted where plaintiff's title denied by the answer, 233. COPYHOLDER, ib. Determination in Bench v. Bampton, that lord could not restrain copyholder, ib. Overruled, 236. BREACH OF COVENANTS, Restrained, ib. Covenants to keep banks in repair, 237. Not to remove dung, 238. Not to plough meadow, ib. Not to dig for sand, &c., ib. Not to convert a house into one of another nature, ib. Determinations at law as to cultivation in a husbandlike manner, &c., ib. Violation of the custom of the country, ib. Bound to preserve it without express covenant, ib. Tenant from year to year violating it restrained in equity, ib. From ploughing pasture, 239. Sowing deleterious crops, ib. Distinction between express and implied covenants, ib. Where tenant holding over, ib. Restrained from pulling down, notwithstanding general covenant to repair, ib. ECCLESIASTICAL PERSONS, ib. Common law remedies against, 240. Early opinion that no writ of prohibition against, ib. Writ discovered by Lord Coke, ib. Prohibition issued by Lord Ellesmere, ib. Present doctrine, 241. What acts amount to waste in ecclesiastical persons, 241. Parson cannot cut down timber, ib. Nor open mines, ib. Nor can a bishop, ib. Parson may work mines already open, may cut timber for repairs, &c., ib. Need not be specifically applied by ecclesiastical corporations, ib. By patron against rector, 243. WASTE-continued. By attorney-general against bishop, ib. Deans and chapters, ib. Not by uninterested persons, ib. Granted by Lord Thurlow against the widow of a deceased rector, ib. Bill for should not pray an account, ib. Injunction by bishops against their tenants holding under leases without impeach- ment before the disabling statute, 243. ACCOUNT OF WASTE, 244. Origin of the jurisdiction, ib. Always granted where consequential to the injunction, 245. Where no injunction prayed, ib. Granted if profits of mines, &c., ib. Whether of timber cut, 245. Lord Hardwicke's opinion in Jesus College v. Bloom, that it could not, ib. Contra in Whitfield v. Bewit, ib. Garth v. Cotton, 246. True distinction seems that it should be granted wherever no remedy at Lord Thurlow's opinion that it might be granted in every case where timber Account against assets, 249. Lord Cowper's opinion that it might be granted seems wrong, ib. No remedy in equity against assets for legal waste, action at law in respect Account in equity for equitable waste, 251. Mode of taking account in equity, ib. Property in timber severed, ib. In the first vested estate of inheritance, ib. Not where precluded by his own acts, ib. Rule applies though the whole fee is vested in trustees, ib. Timber directed to be felled, 245, 251. Application of the money produced by it, ib., 252. Purchase of lands, ib., ib. Defraying expenses of inclosure, 245. Left in money, ib. In what cases directed, ib. Infants, 257. Lunatics, ib. Declaration as to the nature of the property in case of conversion, ib. Where declaration omitted, ib. Extent of the rule as to there being no equity between the representatives, ib. Distinction between the doctrine as applicable to the estates of infants aud luna- WHARFS.-Vide PURPRESTURES-NUISANCE. WIERS.-Vide PURPRESTURE-NUISANCE. WOAD, Injunctions to restrain sowing, ib. 1290 INDEX OF PRINCIPAL MATTERS CONTAINED IN THE TEXT. WRIT, Of estrepement, 197. Of injunction, 9. Remedial, 9. Judicial, 425. Of prohibition, 14. Of prohibition of waste, 197. Of summons, ib. INDEX TO THE NOTES. ABATEMENT, Of action under N. Y. Revised Statutes, 158-3, 159. Of action under N. Y. Code, 159-1, 159-2. When suit in equity abates, how revived, 159-2. Of suit, by death of party, 159-4. Of suit, by discharge of complainant under insolvent act, 159-4. Jurisdiction of equity in, 50-1, 52, 53, 53-1, 53—2, 53—3, 244, 244—1. Action of, at common law, 51, 244. When decreed, 51, 52, 53. When binding and conclusive, 51, 51—1. When opened, 51-1, 52. What essential to sustain bill for, 52, 53. Of Partnership, 53—3, 53—6. In cases of tithes, 171-2. When tenant for life may have, for timber cut wrongfully, 201-1. In cases of legal waste, 244-1. Whether bill for account of waste merely will lie without an injunction, 247, 248, 248—1. Principle upon which courts of equity originally entertained suits for, 250—1, 251. ACTION, Relief against, for unpaid purchase-money, 48, 48—1. Of waste, 11-2. Suit in chancery, how revived, 159-2, 159—3. When interest of parties, renders suit defective, 159-2, 159—3, 159-4. How benefit of suit may be obtained after it has become defective or abated, 159-4. ADMIRALTY, Distinction between instance and prize court of, 175. Jurisdiction of U. S. District courts in cases of, 175, 175-1. Constitution of U. S. relative to, 175-1. AFFIDAVIT, Definition, 107-3. When resorted to, 107-3, 108, 108-1. By whom made, 108. AFFIDAVIT-continued. How entitled, 108—1, 108—2. Requisites generally, 108-2, 108-3, 109, 109—1, 110. To obtain commission, 112-1, 112—2, 112—3, 113. To contradict answer, 135, 136, 137, 138. In support of answer, 138-1, 138—2, 138—3. In support of application for special injunction, 377. Of complainant, usually subjoined to bill, 380-1. As to reading in opposition to motion to dissolve injunction, 383, 384, 385, 385—1, In bill of interpleader, 400. AGREEMENT, What void, 38-1, 38-2, 38-3. Against what no relief granted, 38-3, 38-4. Remedy in cases of breach of, 49, 49—1. Under statute of frauds, 49-1, 49-2. Enforcing delivery of, 339. Jurisdiction of equity over, 342—1, 344. In restraint of trade, 366. AMENDMENT, Of bill, 148-1, 148-2, 148-3, 148-4, 148-5, 148-6. Design of N. Y. Code relative to, 148-7. Provisions of N. Y. Code relative to, 148-7. Rules of Supreme Court of U. S. on subject, 148-7, 148-8. Effect of amending injunction bill, 148-8, 149. As to amending injunction bills generally, 149-1, 149—2. Second amendment, 150. When bill amended at same time exceptions to answer are filed, 150-1. Great latitude allowed to plaintiff in making, 157—1. Effect of amending bill, 158-3. ANSWER, Sufficiency, 34-1, 85, 107, 107-—1. Time for, in several states, 85. Under former chancery practice of New York, 85, 85—1, 85—4. In New York, under the code, 85-1, 86. Time for, 85-4, 86. When impertinent, 123-4, 124, 124—1, 124—2. Reference of, for impertinence, 124-2, 125, 125—1. Exceptions to, for scandal and impertinence in New York, 125-2, 125—3. Practice in expunging matter from under New York Code, 126, 127. For dissolving injunction, 127—1. Insufficient answer no answer, 131. Filing further answer, 133-2. Form of second answer, 133--2, 134. To amended bills, exceptions to, 134. Admissibility of affidavits to contradict, 135, 136, 137, 138, 138-3, 138-4. Affidavits in support of, 138-1, 138-2, 138-3. How far evidence for defendant, 138-4, 138-5. How far evidence against co-defendant, 138-5, 139. |