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.

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

Petition; request. In a bill in equity, a request that the court will grant the relief desired; also, that part of the bill in which the request is made. Such prayer is for process, for special or general relief, or for both. A common formula for the conclusion is " And he will ever pray, etc." See Equity; Relief, 3. Compare Orator; Petition; Precatory. On prayers for instruction, see Charge, 3 (3, c).

A bill in equity, or a complaint under one of the codes of reformed procedure, must conclude with a specific request for the relief which the plaintiff seeks. This clause is called the prayer of the bill or complaint; the prayer for relief, &c. Prayer of process, is a petition with which a bill in equity used to conclude, to the effect that a wi-it of subpoena might issue against the defendant to compel him to answer upon oath all the matters charged against him in the bill. Prayer for other and further relief. To avoid prejudice from error or deficiency in a prayer for relief, it has been usual for a plaintiff to add to the prayer a clause asking, " or that plaintiff may have such other and further relief as to the court may seem fit," or the like. Under this clause it is considered that the court is not confined, in the decree, to granting precisely the specific relief asked.

chanc. pleadings, is that part of a bill which asks for relief. The skill of the solicitor is to be exercised in framing this part of plicated cases, requires great discernment and experience; Coop. Eq. P]. 13; it is varied as the case 1s made out, concluding always with a prayer of general relief, at the discretion of the court. Mitf. Pl. 45.