BILL
133
BILL
Pac. 984, 4 L. R. A. 826, 12 Am. St Rep. 162; Sharon v. Sharon, 67 Cal. 185, 7 Pac. 456.
Bills are said to be original, not original, or in the nature of original bills. They are original when the circumstances constituting the case are not already before the court, and relief is demanded, or the bill is filed for a subsidiary purpose.
—Bill for a new trial. A bill in equity in which the specific relief asked is an injunction against the execution of a judgment rendered at law and a new trial in the action, on account of some fact which would render it inequitable to enforce the judgment, but which was not available to the party on the trial at law, or which he was prevented from presenting by fraud or accident, without concurrent fraud or negligence on his own part.—Bill for foreclosure. One which is filed by a mortgagee against the mortgagor, for the purpose of having the estate sold, thereby to obtain the sum mortgaged on the premises, with interest and costs. 1 Madd. Ch. Pr. 528.—Bill in nature of a bill of review. A bill in equity, to obtain a re-examination and reversal of a decree, filed by one who was not a party to the original suit, nor bound by the decree.—Bill in nature of a bill of revivor. Where, on the abatement of a suit, there is such a transmission of the interest of the incapacitated party that the title to it, as well as the person entitled, may be the subject of litigation in a court of chancery, the suit cannot be continued by a mere bill of revivor, but an original bill upon which the title may be litigated must be filed. This is called a "bill in the nature of a bill of revivor." It is founded on privity of estate or title by the act of the party. And the nature and operation of the whole act by which the privity is created is open to controversy. Story, Eq. Pl. §§ 378–380; 3 Amer. & Eng. Enc. Law, 271.—Bill in nature of a supplemental bill. A bill filed when new parties, with new interests, arising from events happening since the suit was commenced, are brought before the court; wherein it differs from a supplemental bill, which is properly applicable to those cases only where the same parties or the same interests remain before the court. Story, Eq. Pl. (5th Ed.) § 345 et seq.—Bill of conformity. One filed by an executor or administrator, who finds the affairs of the deceased so much involved that he cannot safely administer the estate except under the direction of a court of chancery. This bill is filed against the creditors, generally, for the purpose of having all their claims adjusted, and procuring a final decree settling the order of payment of the assets. 1 Story, Eq. Jur. § 440.—Bill of discovery. A bill in equity filed to obtain a discovery of facts resting in the knowledge of the defendant, or of deeds or writings, or other things in his custody or power. Story, Eq. Pl. (5th Ed.) § 311; Wright v. Superior Court, 139 Cal. 469, 73 Pac. 145; Everson v. Assur. Co. (C. C.) 68 Fed. 258; State v. Savings Co., 28 Or. 410, 43 Pac. 162.—Bill of information. Where a suit is instituted on behalf of the crown or government, or of those of whom it has the custody by virtue of its prerogative, or whose rights are under its particular protection, the matter of complaint is offered to the court by way of information by the attorney or solicitor general, instead of by petition. Where a suit immediately concerns the crown or government alone, the proceeding is purely by way of information, but, where it does not do so immediately, a relator is appointed, who is answerable for costs, etc., and, if he is interested in the matter in connection with the crown or government, the proceeding is by information and bill. Informations differ from bills in little more than name and form, and the same rules are substantially applicable to both. See Story, Eq. Pl. 5; 1 Daniell, Ch. Pr. 2, 8, 288; 3 Bl. Comm. 261.—Bill of interpleader. The name of a bill in equity to obtain a settlement of a question of right to money or other property adversely claimed, in which the party filing the bill has no interest, although it may be in his hands, by compelling such adverse claimants to litigate the right or title between themselves, and relieve him from liability or litigation. Van Winkle v. Owen, 54 N. J. Eq. 254, 34 Atl. 400; Wakeman v. Kingsland, 46 N. J. Eq. 113, 18 Atl. 680; Gibson v. Goldthwaite, 7 Ala. 281, 42 Am. Dec. 592.—Bill of peace. One which is filed when a person has a right which may be controverted by various persons, at different times, and by different actions. Ritchie v. Dorland, 6 Cal. 33; Murphy v. Wilmington, 6 Houst. (Del.) 108, 22 Am. St. Rep. 345; Eldridge v. Hill, 2 Johns. Ch. (N. Y.) 281; Randolph v. Kinney, 3 Rand. (Va.) 395.—Bill of revivor. One which is brought to continue a suit which has abated before its final consummation as, for example, by death, or marriage of a female plaintiff. Clarke v. Mathewson, 12 Pet. 164, 9 L. Ed. 1041; Brooks v. Laurent, 98 Fed. 647, 39 C. C. A. 201.—Bill of revivor and supplement. One which is a compound of a supplemental bill and bill of revivor, and not only continues the suit, which has abated by the death of the plaintiff, or the like, but supplies any defects in the original bill arising from subsequent events, so as to entitle the party to relief on the whole merits of his case. Mift. Eq. Pl. 32, 74; Westcott v. Cady, 5 Johns. Ch. (N. Y.) 342, 9 Am. Dec. 306; Bowie v. Minter, 2 Ala. 411.—Bill of review. One which is brought to have a decree of the court reviewed, corrected, or reversed. Dodge v. Northrop, 85 Mich. 243, 48 N. W. 505.—Bill quia timet. A bill invoking the aid of equity "because he fears," that is, because the complainant apprehends an injury to his property rights or interests, from the fault or neglect of another. Such bills are entertained to guard against possible or prospective injuries, and to preserve the means by which existing rights may be protected from future or contingent violations; differing 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. Southwick, 6 Lans. (N. Y.) 364; Bryant v. Peters, 3 Ala. 169; Randolph v. Kinney, 3 Rand. (Va.) 398.—Bill to carry a decree into execution. One which is filed when, from the neglect of parties or some other cause, it may become impossible to carry a decree into execution without the further decree of the court. Hind, Ch. Pr. 68; Story, Eq. Pl. § 42.—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 time before the courts, but which is likely at some future time to be in litigation. Story, Eq. Pl. (5th Ed.) § 300 et seq.—Bill to suspend a decree. One brought to amid or suspend a decree under special circumstances.—Bill to take testimony de bene esse. One which is brought to take the testimony of witnesses to a fact material to the prosecution of a suit at law which is actually commenced, where there is good cause to fear that the testimony may otherwise be lost before the time of trial. 2 Story, Eq. Jur. § 1813, n.—Cross-bill. One which is brought by a defendant in a suit against a plaintiff in or against other defendants in the same suit, or against both, touching the matters in question in the original bill. Story, Eq. Pl. § 389; Mitt. Eq. Pl. 80. A cross-bill is a bill brought by a defendant against a plaintiff, or other parties in a former bill depending, touching the matter in question in that bill. It is usually brought either to obtain a necessary discovery of facts in aid of the defense to the original bill, or to obtain full relief to all parties in reference to the matters of the original bill. It is to bs treated as a mere auxiliary suit. Shields v. Burrow, 17 How. 144, 15 L. Ed. 158;
