Prayer

In Equity Practice. The request in a bill that the court will grant the aid which the petitioner desires. That part of the bill which asks for relief. The word denotes, strictly, the request, but is very commonly applied to that part of the bill which contains the request Of Process. That part of the bill which asks that the defendant may be compelled to appear and answer the bill, and abide the determination of the court upon the subject. It must contain the names of all the parties; 1 P. Wms. 593; Brasher’s Ex’rs v. Van are out of the jurisdiction; 1 Beav. 106; Mitf. Eq. PI.

164.

The ordinary process asked for is a writ of subpoena; Story, Eq. PI. § 44; and in case a distringas against a corporation; Coop. Eq. PI. 16; or an injunction; 2 S. & S. 219; 1 Sim. 50; is sought for, it should be included in the prayer. Under the supreme court equity rule 25 (February, 1913) the prayer for special relief only is provided for and it may be in the alternative; 198 Fed. xxv. For Relief, is general, which asks for such relief as the court may grant; or special, which states the particular form of relief desired. A special prayer is generally inserted, followed by a general prayer, 4 Madd. 408; Hobson v. Mc Arthur, 16 Pet. (U. S.) 195, 10 L. Ed. 930; Danforth v. Smith, 23 Yt. 247; Spivey v. Frazee, 7 Ind. 661; Kelly’s Heirs v. Mc Guire, 15 Ark. 555; a general prayer if omitted, may be added by amendment or amended bill; Mc Crum v. Lee, 38 W. Va. 583, 18 S. E. 757. Unless the general prayer is added, if the defendant fails in his special prayer he will not be entitled to any relief; 1 Ves. 426; Mt. Vernon Bank v. Stone, 2 R. I. 129, 57 Am. Dec. 709; except in case of charities and bills in behalf of infants; 18 Ves. 325; Colton v. Ross, 2 Paige, Ch. (N. Y.) 396, 22 Am. Dec. 648. A general prayer is sufficient for most purposes; and the special relief desired may be prayed for at bar; 4 Madd. 408; Story, Eq. PI. § 41; Busby v. Littlefield, 31