Reports of Cases Determined in the Court of Chancery And, on Appeal, in the Court of Errors and Appeals of the State of New Jersey, Volume 3

Capa
Printed at the "True American" Office, 1860
 

Outras edições - Ver todos

Termos e frases comuns

Passagens mais conhecidas

Página 163 - ... no devise in writing of lands, tenements or hereditaments, or any clause thereof, shall be revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing or obliterating the same by the testator himself, or in his presence, and by his directions and consent...
Página 168 - An action may be maintained against the husband and wife, jointly, for any debt of the wife contracted before marriage, but the execution on any judgment in such action shall issue against, and such judgment shall bind the separate estate and property of the wife only, and not that of the husband.
Página 223 - AD 1897, with interest from date, payable on the first days of May and November in each year...
Página 209 - And the fears of mankind, though they may be reasonable ones, will not create a nuisance.
Página 210 - Chancellor ELDON there says that the court held in that case that "the manufacture of bricks, though near the habitations of men, if carried on for the purpose of making habitations for them, is not a public nuisance." By looking at that case, as found in a note to Walter v. Selfe, 4 Eng. Law and Eq. 18, it will be seen that no such decision was made in that case, and that no such language was used therein. A temporary injunction had been granted in the first instance, restraining brick burning,...
Página 253 - It is a general and well-settled principle, that the assignee of a chose in action takes it subject to the same equity it was subject to in the hands of the assignor.
Página 204 - Injury is irreparable, as where loss of health, loss of trade, destruction of the means of subsistence, or permanent ruin to property, may or will ensue from the wrongful act or erection,— in every such case courts of equity will interfere by injunction in furtherance of justice and the violated rights of the party.
Página 474 - The legatee's claim is in respect of the testator's assets, without which the executor is not liable ; and it is very just and equitable for the executor to say that the legatee has so much of the assets already in his own hands, and consequently is satisfied pro tanto.
Página 456 - ... principles, for if it issues erroneously an irreparable injury is inflicted, for which there can be no redress, it being the act of a court, not of the party who prays for it. It will be refused till the court...
Página 452 - The rule is fundamental that an injunction should never be granted when it will operate oppressively or contrary to the real justice of the case, or where it is not the fit and appropriate method of redress under all the circumstances of the case, or when the benefit it will do the complainant is slight In comparison with the injury it will do the defendant.

Informações bibliográficas