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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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The Southwestern Reporter, Volume 189

1917
...chancellor was correct. It has been held by this court that specific performance is not always granted as a matter of right, but rests in the sound discretion of the chancery court. In Watkins v. Turner, 34 Ark. 663, this court said: <S=»For other cases see ваше...
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The Southern Reporter, Volume 16

1895
...exists. 2. The writ of certiorari to review the proceedings of an inferior court does not issue as a matter of right, but rests in the sound discretion of the court; and, when issued, will not serve the purpose of a writ of error, or appeal with a bill of exceptions....
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 99

North Carolina. Supreme Court - 1888
...it charged against her. Ibid. 10. The specific performance of a contract is not a matter of absolute right, but rests in the sound discretion of the Court : if the contract is oppressive or will enable one of the parties to obtain an inequitable advantage in consequence of unforseen...
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The New York Supplement, Volume 98

1906
...the entry of final judgment of conviction. Applying the common-law rule that the issuance of the writ is not a matter of right, but rests in the sound discretion of the court to the facts presented upon this application, I have reached the conclusion that absolute prohibition...
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The New York Supplement

1906
...they feel a trial is more convenient or otherwise more desirable. Here a stay can not be claimed, as a matter of right, but rests in the sound discretion of the court, and there are many circumstances which appeal to the discretion of the court, and naturally...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 32

West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1889
...OF REVIEW— NEWLY-DISCOVERED EVIDENCE. The filing of a bill of review for newly-discovered evidence is not a matter of right but rests' in the sound discretion of the court. 2. BILL OF REVIEW— NEWLY-DISCOVERED EVIDENCE. A bill of review for newly-discovered evidence...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 30

1889
...enforce a spécifie performance when it will work injustice. Arb., § 70. specific performance of a contract is not a matter of right, but rests in the sound discretion plaintiir must aver u readiness and willingness to perform. Arb., § 174. specific performance not...
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A Digest of the Decisions of the Courts of the State of ..., Volume 3,Parte 1

Frank Frederick Brightly - 1890
...Association, 15 WNC 125. 311. Trial. The granting of a separate trial to one of several garnishees, is not a matter of right, but rests in the sound discretion of the court, subject to review, if unjustly exercised. Peterson v. Sinclair, 83 PS 250. 312. The defendant...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 14

United States. Supreme Court - 1890
...granting or refusing it is not subject to review in an appellate court* Such a motion is not founded in a matter of right, but rests in the sound discretion of the court.f Matters resting in the discretion of a subordinate court cannot be assigned for error in an...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions to ...

North Carolina, Walter Clark - 1892 - 817 páginas
...Baker, 82-169. 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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