...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...

...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...

...(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...

...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,...

...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...

...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...

...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...

...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—...

...full their objections to the proposed change of administration. We cannot but say that intervention is not a matter of right, but rests in the sound discretion of the court. We think it should be permitted when it will shed any light on a legal controversy and where...

...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...