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Excerpt from The Chancery Practice of the State of New-York, Vol. 2 A motion is in the nature of a petition to the court, by counsel ore team made in all stages of the suit, either of course, where by a standing rule, or by the known course of the court, the object of the application is to be granted without hearing the other party; or special, upon notice, where the order applied for, will be granted or re fused, as the court sees fit, upon the weight and reason of the matters shown by the pleadings and the necessity or justice of the application.( f Great delay and ex pense have been spared to the suitor, by the (cart al lowing that to be done upon motion, (g) which could formerly have been accomplished only by a decree for as Lord Eldon remarks, the practice is altered very much for the worse, if many motions which are now made to prevent fruitless litigation, do not produce the efi'ect of terminating the dispute.(li) For example, a reference to ascertain if a title can be made in suit for specific per formance where the record raises merely the question of title, may be ordered on motion and the interlocutory order made on this reference will have the effect of a decretal order as if the cause had been regularly brought on to a hearing and a decree pronounced.(i) [see ch. 7. L3.] Summary applications by motion are not listened to when they involve questions of title. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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