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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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Equity: An Analysis and Discussion of Modern Equity Problems, with Notes on ...

George Luther Clark - 1920 - 793 páginas
...(1900) 85 Mo. App. 283. "Specific performance of a contract is not awarded by a court of equity as a matter of right, but rests in the sound discretion of the court and whether it will be granted or withheld in a given case must be determined by the facts of...
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The Northwestern Reporter, Volume 183

1921
...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 option would be purely academic. The plaintiff, before the expiration of the option,...
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Cases Decided in the Supreme Court of Appeals of Virginia, Volume 130

Virginia. Supreme Court of Appeals - 1922
...necessary where the bill is founded on new matter or newly discovered evidence. The granting of such leave is not a matter of right, but rests in the sound discretion of the court, subject to review; and in granting leave terms may be imposed. Carter v. Keesling, 635. Newly...
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An Outline of the Equity Pleading and Practice: With Forms, and the Federal ...

William Minor Lile - 1922 - 372 páginas
...of Fosdick v. Schall. — As has already been indicated, the appointment of a receiver in any case is not a matter of right, but rests in the sound discretion of the court. Hence wherever application is made for a receivership, the court may apply the maxim that he...
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Hyatt on Trials: A Treatise on the Trial of Civil and Criminal ..., Volume 1

William Harvey Hyatt - 1924
...its truth." — upon to decide what the law is upon the facts alleged. It cannot be resorted to as a matter of right, but rests in the sound discretion of the court, and hence, it has fallen into disuse in the courts of this country, especially in those of federal...
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The Federal Reporter, Volume 53

1893
...FORECLOSURE— APPOINTMENT OF RECEIVERS. In the foreclosure of a railroad mortgage 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. 2. SAME— DISCRETION OP COURT—...
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The Central Law Journal, Volume 14

1882
...SPECIFIC PERFORMANCE OF CONTRACTINADEQUACY OF CONSIDERATION. The specific performance of contracts is not a matter of right, but rests in the sound discretion...interfere for specific performance, and leave the party to bis remedy at law. If the case Is one in which eithef the provisions of the contract or the law would...
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The Central Law Journal, Volume 91

1920
...103 SE 452. 72. >-,,,.,. Hi.. 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...
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The Northeastern Reporter, Volume 135

1922
...conscience the court ought to specifically enforce performanee. Within limits, specific performance is not a matter of right but rests in the sound discretion of the court, and much liberality is permitted in Inquiring into the circumstances as to whether there has...
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The Southeastern Reporter, Volume 12

1891
...Code Va. J 3158, providing that a court "may allow a special jury," the allowance of a .special jury is not a matter of right, but rests in the sound discretion of the court. 2. The allowance of an amendment to the sheriff's return on a writ of summons is not ground...
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