...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...

...Va., 103 SE 452. 72. Specific Performance — Direction. — -A decree for specific performance of a contract is not a matter of right, but rests in the sound discretion of the trial court, which discretion is not arbitrary, but judicial, and must be exercised according to the...

...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...

...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...

...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...

...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...

...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...

...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...

...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...

...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....