Commentaries on Equity Jurisprudence: As Administered in England and America, Volumen2Little, Brown,, 1870 |
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Página 7
... nature that an adequate remedy lies at law for such compensation or damages . But where no such remedy lies at law , there a peculiar ground for the interference of courts of equity seems to exist , in order to prevent irreparable ...
... nature that an adequate remedy lies at law for such compensation or damages . But where no such remedy lies at law , there a peculiar ground for the interference of courts of equity seems to exist , in order to prevent irreparable ...
Página 12
... natural justice and equity . 1 Mor . & Carl . Partid . b . 3 , tit . 28 , 1. 41 , p . 357 , 358 ; Asa & Manuel , Inst ... nature of interpleader , more extensive remedy . § 824 a . Summary of recent decisions upon the subject . ] § 800 ...
... natural justice and equity . 1 Mor . & Carl . Partid . b . 3 , tit . 28 , 1. 41 , p . 357 , 358 ; Asa & Manuel , Inst ... nature of interpleader , more extensive remedy . § 824 a . Summary of recent decisions upon the subject . ] § 800 ...
Página 31
... nature of the question , and the manner in which it is brought before the court . An interplead- ing bill is considered as putting the defendants to contest their respective claims , just as a bill does , which is brought by an ex ...
... nature of the question , and the manner in which it is brought before the court . An interplead- ing bill is considered as putting the defendants to contest their respective claims , just as a bill does , which is brought by an ex ...
Página 32
... nature of a bill of interpleader for relief . So it seems , that a purchaser may file a bill in the nature of a bill of interpleader , against the vendor or his assignee , and any creditor who seeks to avoid the title of the assignee ...
... nature of a bill of interpleader for relief . So it seems , that a purchaser may file a bill in the nature of a bill of interpleader , against the vendor or his assignee , and any creditor who seeks to avoid the title of the assignee ...
Página 33
... nature of an interpleading bill , will lie by a bank , which has offered a reward for the recovery of money stolen , and a proportionate reward for a part recovered , where there are several claimants of the reward , or a proportion ...
... nature of an interpleading bill , will lie by a bank , which has offered a reward for the recovery of money stolen , and a proportionate reward for a part recovered , where there are several claimants of the reward , or a proportion ...
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Términos y frases comunes
Ambler applied assignment Attorney Beavan benefit bequest bill cestui que trust Chancellor charge charity chose in action circumstances civil law claim Comm common law contract conveyance Court of Chancery courts of equity courts of law covenant creditor debt debtor decree deemed defendant devise doctrine edit enforce entitled execution executor favor Fonbl fraud fund granted ground heir held husband Ibid injunction intention interest interpleader Jeremy on Eq Johns judgment Jurisd jurisdiction justice land Law & Eq legacy lien Lord Cottenham Lord Eldon marriage matter Meriv mortgage mortgagor Mylne & Craig Mylne & Keen Ne exeat Paige party payment personal estate plaintiff possession Pothier principle proper purchaser purpose question real estate relief remedy resulting trust Roman law rule Russ statute suit Swanst tenant tion vendor Vern wife writ
Pasajes populares
Página 773 - Nothing can call forth this Court into activity but conscience, good faith, and reasonable diligence. Where these are wanting, the Court is passive and does nothing. Laches and neglect are always discountenanced ; and therefore from the beginning of this jurisdiction there was always a limitation to suits in this Court.
Página 697 - We speak familiarly of equitable set-off, as distinguished from the set-off at law ; but it will be found, that this equitable set-off exists in eases where the party seeking the benefit of it can show some equitable ground for being protected against his adversary's demand.
Página 133 - I can only say that if the parts which have been copied cannot be separated from those which are original without destroying the use and value of the original matter, he who has made an improper use of that which did not belong to him must suffer the consequences of so doing.
Página 445 - The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold, whether taken in the names of the...
Página 803 - It exists only in contemplation of law and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Página 650 - According to that view, the separate property of a married woman, being a creature of equity, it follows, that if she has a power to deal with it, she has the other power incident to property in general, namely : the power of contracting debts to be paid out of it ; and inasmuch as her creditors have not the means at law of compelling payment of those debts, a court of equity takes upon itself, to give effect to them, not as personal liabilities, but by laying hold of the separate property as the...
Página 129 - When it comes to a question of quantity, it must be very vague. One writer might take all the vital part of another's book, though it might be but a small proportion of the book in quantity. It is not only quantity but value that is always looked to. It is useless to refer to any particular cases as to quantity.
Página 59 - A writ of injunction may be described to be a judicial process, whereby a party is required to do a particular thing, or to refrain from doing a particular thing, according to the exigency of the writ.
Página 811 - ... shall be taken as prima facie evidence of the truth of the matters therein contained, with liberty to the parties interested to take such objections thereto as they may be advised.
Página 600 - If a father does any specific act from which it may reasonably be inferred that he has authorized his son to contract a debt, he may be liable in respect of the debt so contracted ; but the mere moral obligation on the father to maintain his child affords no inference of a legal promise to pay his debts...