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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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A Treatise on the Law of Corporate Bonds and Mortgages: Being the 3d Edition ...

Leonard Augustus Jones - 1907 - 849 páginas
...mortgage which is a lien upon its property.8 It has been declared that the appointment of a receiver is not a matter of right, but rests in the sound discretion of the court, and is a power to be exercised sparingly and with great caution." In some states, courts of...
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Reports of Cases Determined in the Appellate Courts of Illinois, Volume 145

Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1909
...certainty by the evidence. Even in cases where all of these requirements are present, specific performance is not 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. 3. FORECLOSURE...
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The Ohio Nisi Prius Reports, Volume 8

Ohio. Courts - 1909
...Kan., 178; Burckle v. Eckhart, 3 NY, 132. Inasmuch as specific performance is not to be decreed as a matter of right, but rests in the sound discretion of the court, I am of the opinion that the specific performance of the contract involved in the case at bar...
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The Encyclopedic Digest of Alabama Reports: Being a Complete ..., Volume 5

Thomas Johnson Michie - 1914
...Shields, 2 Stew. & P. 417. § 338. Discretion of Court. Granting permission to file a bill of re view is not a matter of right, but rests in the sound discretion of the court. Murrell v. Smith, 51 Ala. 301, cited in note in 30 LRA, NS, 1032, 1039. "The granting of a bill...
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Cases on Procedure, Annotated: Common Law Pleading

Edson Read Sunderland - 1914 - 827 páginas
...than one occasion, and settled by the unanimous judgment of the court. Leave to amend, it is true, is not a matter of right, but rests in the sound discretion of the court. Where, however, the demurrer appears to have been filed in good faith, and there has been no...
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Ruling Case Law: As Developed and Established by the Decisions ..., Volume 15

William Mark McKinney - 1917
...not.9 63. General Power and Discretion of Officers or Boards. — Ordinarily the granting of a license is not a matter of right, but rests in the sound discretion of the body or official to whom the duty of issuing it is committed,10 and where any claimed right has no...
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Ruling Case Law: As Developed and Established by the Decisions and ..., Volume 1

William Mark McKinney, Burdett Alberto Rich - 1914
...conditions is essential to consolidation.6 The consolidation of actions is not, in the absence of statute, a matter of right, but rests in the sound discretion of the court, and its discretion will not be interfered with unless abused.' The actions sought to be consolidated...
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Maryland Digest Annotated, Covering All Reported and Many Unreported ...

Samuel Want, J. Mercer Garnett (Jr.), Daniel List Warner - 1917
...on bill of review for newly discovered evidence.] (b) Granting permission to file a bill of review is not a matter of right, but rests in the sound discretion of the court. — Pfeltz v. Pfeltz, 1 Md. Ch. 455. [Cited and annotated in 30 LRA (NS) 1031, 1032, 1038, on...
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A Treatise on Equity Jurisprudence: As Administered in the United ..., Volume 4

John Norton Pomeroy - 1919 - 6317 páginas
...Wall. 510. "The appointment of a receiver in a suit for the foreclosure of a mortgage on a railroad is not a matter of right, but rests in the sound discretion of the court, and is a power to be exercised sparingly, and with great caution": Per Caldwell, Cir. J., in...
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Legal Definitions: A Collection of Words and Phrases as Applied ..., Volume 2

1920
...certainty by the evidence. Even In cases where all of these requirements are present, specific performance is not a matter of right but rests in the sound discretion of the court, to be determined from all the facts and circumstances of the parSPECIFICALLY BEQUEATHED SPECIFY...
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