Commentaries on Equity Pleadings, and the Incidents Thereto: According to the Practice of the Courts of Equity of England and America

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C.C. Little and J. Brown, 1838 - 743 páginas
 

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Página 34 - ... and that your orator may have such further and other relief in the premises, as the nature of his case shall require, and as to your Lordship (or your Honors) shall seem meet ; (or, that your orator may be further and otherwise relieved in the premises according to equity and good conscience).
Página 336 - The result of the principles to be extracted from the cases on this subject seems to be, that where there is a common liability and a common interest, a common liability in the defendants and a common interest in the plaintiffs, different claims to property, at least if the subjects are such as may without inconvenience be joined, may be united in one and the same suit.
Página 54 - Chancellor, or other person intrusted by virtue of the Queen's Sign Manual with the care and commitment of the custody of the persons and estates of lunatics...
Página 3 - is the statement in a logical and legal form of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence ; it is the formal mode of alleging that on the record, which would be the support, or the defence, of the party in evidence.
Página 117 - Where all the parties are brought before the court that can be brought before it, and the court acts on the property according to the rights that appear, without fraud, its decision must of necessity be final and conclusive. It has been repeatedly determined that if there be tenant for life, remainder to his first son in tail, remainder over, and he is brought before the court before he has issue, the contingent remaindermen are barred.
Página 62 - By this means, the court is enabled to make a complete decree between the parties, to prevent future litigation by taking away the necessity of a multiplicity of suits...
Página 270 - ... in time after the decree, and not any new proof which might have been used when the decree was made: nevertheless, upon new proof, that is come to light after the decree made, and could not possibly have been used at the time when the decree passed, a bill of review may be grounded by the special license of the court, and not otherwise.
Página 210 - The right of a plaintiff in equity to the benefit of the defendant's oath is limited to a discovery of such material facts as relate to the 'plaintiff's case,' and does not extend to a discovery of the manner in which the ' defendant's case ' is to be exclusively established, or to evidence which relates exclusively to his case.
Página 305 - when it (a Court of Equity) assumes the power of decision, is to be exercised ; (1.) Where the principles of law, by which the ordinary Courts are guided, give a right ; but the powers of those Courts are not sufficient to afford a complete remedy, or their modes of proceeding are inadequate to the purpose; (2.) Where the Courts of ordinary jurisdiction are made...
Página 61 - It is the constant aim of a court of equity to do complete justice by deciding upon and settling the rights of all persons interested...

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