Commentaries on Equity Jurisprudence as Administered in England and America, Том 1Little, Brown,, 1918 |
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Страница 5
... circumstances , whether new or old , the principles of equity will point the way to justice where legal remedies are infirm . Precedents will be a constant guide , but never a bar . Where a new condition exists , and legal remedies ...
... circumstances , whether new or old , the principles of equity will point the way to justice where legal remedies are infirm . Precedents will be a constant guide , but never a bar . Where a new condition exists , and legal remedies ...
Страница 11
... circumstances of the deed , which is also tempered with the sweetness of mercy . " 2 Another learned author lays down doctrines equally broad . " As summum jus , " says he , " summa est injuria , as it cannot consider circumstances ...
... circumstances of the deed , which is also tempered with the sweetness of mercy . " 2 Another learned author lays down doctrines equally broad . " As summum jus , " says he , " summa est injuria , as it cannot consider circumstances ...
Страница 12
... circumstances ; and although the common law will not decree against the general rule of law , yet chancery doth , so as the example introduce not a general mischief . Every matter therefore that happens inconsistent with the design of ...
... circumstances ; and although the common law will not decree against the general rule of law , yet chancery doth , so as the example introduce not a general mischief . Every matter therefore that happens inconsistent with the design of ...
Страница 18
... circumstances , according to the arbitration or discretion of the judge , acting according to his own notions ex æquo et bono.1 Mr. Justice Blackstone , addressing himself to this erroneous statement , has truly said : " The system of ...
... circumstances , according to the arbitration or discretion of the judge , acting according to his own notions ex æquo et bono.1 Mr. Justice Blackstone , addressing himself to this erroneous statement , has truly said : " The system of ...
Страница 20
... circumstances adopt the language of Mr. Justice Blackstone , and say : " In short if a Court of Equity in England did really act , as many ingenious writers have supposed it ( from theory ) to do , it would rise above all law , either ...
... circumstances adopt the language of Mr. Justice Blackstone , and say : " In short if a Court of Equity in England did really act , as many ingenious writers have supposed it ( from theory ) to do , it would rise above all law , either ...
Чести термини и фразе
9 Ves Abridg action Allen Assn Bank Barb Beatt Beav bill Brown C. E. Green Chan chancellor circumstances Clark Comm common law Conn contract Court of Chancery Court of Equity Courts of Law Davis deed defendant discovery doctrine execution fact Fonbl fraud Gratt Gray ground Hare Heisk Hist Iowa John Jones justice Kans land Lect Lefr Lord Lord Hardwicke Madd Mass maxim Meriv Minn Misc mistake of law Mylne & Craig N. J. Eq N. Y. Supp Natl Ohio St Oreg Paige party person plaintiff Prec principles References relief remedy at law rule Russ sections Smith statute Swanst testator Trust Vern Wooddes Younge & Coll
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Страница 97 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Страница 19 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Страница 300 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3.
Страница 148 - The first is, that where an instrument is drawn and executed, which professes, or is intended, to carry into execution, an agreement, whether in writing or by parol, previously entered into, but which, by mistake of the draftsman, either as to fact or law, does not fulfil, or which violates the manifest intention of the parties...
Страница 62 - suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate, and complete remedy may be had at law.
Страница 212 - The general rule is, that an act done, or contract made, under a mistake or ignorance of a material fact, is voidable and relievable in equity.
Страница 287 - Kent says: ••The common law affords to every one reasonable protection against fraud in dealing, but It does not go to the romantic length of giving indemnity against the consequences of Idolence and folly, or a careless indifference to the ordinary and accessible means of information.
Страница 202 - ... or which violates the manifest intention of the parties to the agreement, equity will correct the mistake so as to produce a conformity of the instrument to the agreement.
Страница 490 - Thus, if a man, having a title to an estate which is offered for sale, and, knowing his title, stands by and encourages the sale, or does not forbid it; and thereby another person is induced to purchase the estate, under the supposition that the title is good, the former so standing by and being silent, will be bound by the sale; and neither he nor his privies will be at liberty to dispute the validity of the purchase.
Страница 94 - In other words, such service may answer in all actions which are substantially proceedings in rem. But where the entire object of the action Is to determine the personal rights and obligations of the defendants — that is, where the suit is merely in personam — constructive service in this form upon a nonresident is ineffectual for any purpose.