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" Certainly, in the granting of injunctions, which is not a matter of right, but rests in the sound discretion of the court... "
The Ohio Law Journal - Página 370
1882
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Commentaries on Equity Pleadings, and the Incidents Thereto: According to ...

Joseph Story - 1838 - 743 páginas
...Bacon's Ordinance ; and that is, that the granting of such a Bill of review for new-discovered evidence is not a matter of right ; but rests in the sound discretion of the Court. It may, therefore, be refused, although the facts, if admitted, would change the decree, where...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 51

Alabama. Supreme Court - 1877
...been discovered sooner by the use of reasonable diligence; nor is the granting of relief in such case a matter of right, but rests in the sound discretion of the court, and may be refused when it would work wrong or injustice. Ib. 301. 35. Specific performance;...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 47

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1882
...forth in the bill and is clearly proved. Brown v. Brown, 878. 2. The specific performance of contracts is not a matter of right, but rests in the sound discretion of the court. Bust T. Conrad, 449. 8. If the contract is unequal ; if the consideration is inadequate ; if...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 93

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1893
...Sanford i: Haines, 71 Mich. 116; Jenn. Ch. Pr. 874. 8. The granting of leave to file a bill of review is not a matter of right, but rests in the sound discretion of the court, in view of all the circumstances and consequences; citing Thomas v. Brockenbrough, 10 Wheat....
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 214

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1922
...acres here involved are in the very heart of it. This testimony was competent. The relief here sought is not a matter of right but rests in the sound discretion of the court. It was quite proper to show that compensation for the breach of the contract in money was out...
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The Doctrine of Equity: Being a Commentary on the Law as Administered by the ...

John Adams - 1852 - 760 páginas
...Andrews v. Walton, 8 Cl. & F. 457. 1 Gardiner, J., Gracie v. Freeland, 1 Comstock, 236. 1 A rehearing is not a matter of right, but rests in the sound discretion of the Court; Daniel v. Mitchell, 1 Story, 198. It is only allowed where some plain error, omission, or mistake,...
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Connecticut Reports: Containing Cases Argued and Determined in ..., Volume 61

Connecticut. Supreme Court of Errors - 1892
...grounds, as legal or equitable defenses in any other. Certainly in the granting of injunctions, which is not a matter of right, but rests in the sound discretion of the court, we ought not in this jurisdiction to enjoin defendants who never intended to institute any proceedings...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 242

Illinois. Supreme Court - 1910
...a reasonable degree of certainty, and even when such requirements are present, specific performance is not a matter of right but rests in the sound discretion of the court 6. SAME — a party to a contract may waive defects in title. A party to a contract to convey...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 291

Illinois. Supreme Court - 1920
...different from those in an action on the case for deceit. "Specific performance cannot be demanded as a matter of right but rests in the sound discretion of the court, to be determined from all the facts and circumstances of the particular case. If the contract...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volume 77

Massachusetts. Supreme Judicial Court - 1864
...his bill of review. The granting of such a bill, for causes not apparent on the face of the record, is not a matter of right, but rests in the sound discretion of the court. There may be cases where the facts, if admitted or proved, would ordinarily form sufficient...
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