Commentaries on Equity Jurisprudence: As Administered in England and America, Volumen2Little, Brown,, 1870 |
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Página 1
... objects of the bill . For , wherever the matter of the bill is merely for damages , and there is a perfect remedy therefor at law , it is far better that they should be ascertained 1 The same principle of compensation and damages is ...
... objects of the bill . For , wherever the matter of the bill is merely for damages , and there is a perfect remedy therefor at law , it is far better that they should be ascertained 1 The same principle of compensation and damages is ...
Página 21
... object of an ejectment . The law has taken such anxious care to settle their rights , arising out of that relation , that the tenant attacked throws himself upon his landlord . He has nothing to do with any claim adverse to his landlord ...
... object of an ejectment . The law has taken such anxious care to settle their rights , arising out of that relation , that the tenant attacked throws himself upon his landlord . He has nothing to do with any claim adverse to his landlord ...
Página 35
... objects are of a similar nature . Lord Coke has explained this matter very clearly in his Commentary on Littleton . " And note " ( says he ) " that there be six writs in law , that may be maintained , Quia timet , before any molestation ...
... objects are of a similar nature . Lord Coke has explained this matter very clearly in his Commentary on Littleton . " And note " ( says he ) " that there be six writs in law , that may be maintained , Quia timet , before any molestation ...
Página 60
... object of this process , which is most extensively used in equity proceedings , is generally preventive and protective , rather than restorative ; although it is by no means confined to the former.2 It seeks to prevent a meditated wrong ...
... object of this process , which is most extensively used in equity proceedings , is generally preventive and protective , rather than restorative ; although it is by no means confined to the former.2 It seeks to prevent a meditated wrong ...
Página 66
... object of these Com- mentaries to enumerate in detail ( even if such a task were practi- cable ) the various cases in ... objects of the remedial writ of injunctions , the following : " To stay pro- ceedings in courts of law , in the ...
... object of these Com- mentaries to enumerate in detail ( even if such a task were practi- cable ) the various cases in ... objects of the remedial writ of injunctions , the following : " To stay pro- ceedings in courts of law , in the ...
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Términos y frases comunes
action allowed appear applied appointment assignment Attorney authority benefit bill Chancellor Chancery charge charity circumstances claim common condition consideration considered contract courts of equity created creditor debt decree deemed defendant devise direct distinction doctrine doubt edit effect enforce entitled established execution executor exercise existence express fact favor Fonbl founded fund give given granted ground hands heir held husband injunction intention interest interfere Johns judgment jurisdiction justice land legacy lien limitations Lord marriage matter means mortgage Mylne nature notice objects original paid particular party payment performance person plaintiff possession present principle proceedings proper purchaser question real estate reason received reference regard relief remedy require respect rule Russ seems separate statute suit taken tion trust unless wife
Pasajes populares
Página 771 - 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 695 - 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 131 - 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 443 - 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 801 - 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 648 - 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 127 - 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 809 - ... 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 598 - 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...