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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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North Carolina Reports: Cases Argued and Determined in the ..., Volume 74

North Carolina. Supreme Court - 1876
...there held, that where parties to a final judgment fail to appeal by their own default, a re-hearing is not a matter of right, but rests in the sound discretion of the court ; and the appeal was dismissed. The same case was again before this court by appeal on a petition...
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A Treatise on the Law of Torts, Volume 2

Charles Greenstreet Addison - 1876
...38 ; Street v. Clark, I Taylor (NC) 15 ; Davis v. Home, 4 Greene (Iowa) 94. The granting of the writ is not a matter of right, but rests in the sound discretion of the court ; People v. Mayor 2 Hill (NY) 9; Rockingham v. Westminster, 24 Vt. 288 ; and if the party by...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions

North Carolina, Albion W. Tourgée - 1878 - 437 páginas
...Vernon, 65 — 76. When the parties to a final judgment fail to appeal by their own default, a rehearing is not a matter of right, but rests in the sound discretion of the court. Before the court will exercise such discretion, under this section, it must appear, not only...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 53-54

1893
...foreclosure of a mortgage on a railroad are the following: 1. That the appointment of such a receiver is not a matter of right, but rests in the sound discretion of the court, and is a power to be exorcised sparingly, and with great caution. Railroad Co. v. Howard, 131...
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A Treatise on the Legal Remedies of Mandamus and Prohibition, Habeas Corpus ...

Horace Gay Wood - 1880 - 278 páginas
...mistake has been deprived of his appeal, certiorari is the proper remedy.1 The granting of the writ is not a matter of right, but rests in the sound discretion of the court ; 2 and if the party by any laches on his part, or on the part of his attorney, has neglected...
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Reports of Cases Decided in the Court of Chancery, the Prerogative ..., Volume 9

John Hoff Stewart - 1883
...ends of justice. " The granting of a bill of review," says Judge Story, " 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 when the...
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Philadelphia Reports, Volume 13

Henry Edward Wallace - 1883
...the claim of the exceptant, and refusal of the issue demanded. As has been well settied, the issue is not a matter of right, but rests in the sound discretion of the court. It is to inform its conscience, not to relieve from duty or responsibility, and to prevent useless...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 57

Wisconsin. Supreme Court, Philip Loring Spooner, Abram Daniel Smith, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1883
...for a five years' lease. The argument is based upon the elementary doctrine that specific performance is not a matter of right, but rests in the sound discretion of the court, and will only be decreed when it is altogether just, and when the party asking it comes promptly...
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The Pacific Reporter, Volume 164

1917
...principles: The right to attack a Judgment by an Independent proceeding rests in equity. It does not exist as a matter of right, but rests In the sound discretion of the court. It will not be tolerated simply to prove perjury, but If the perjury Is such that the judgment....
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The American Decisions: Containing All the Cases of General Value ..., Volume 58

1886
...judgment as one suit." Abbott's Law Diet., tit. Consolidation of Actions. The consolidation of actions is not a matter of right, but rests in the sound discretion of the court: Powell v. Gray, 1 Ala. 77; Lewis v. Daniel, 45 Ga. 124; Woodward v. Frott, 19 NY Week. Dig....
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