The Law of InjunctionsKay & brother, 1865 - 597 halaman |
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Halaman xlvii
... interfere , by injunction , even against a person acting under a claim of right . Nor does an allega . tion , that the defendant claims some fictitious right , prejudice 1 2 1 Waterman's Eden , 10 . 3 Watrous v .. Willard's Equity Juris ...
... interfere , by injunction , even against a person acting under a claim of right . Nor does an allega . tion , that the defendant claims some fictitious right , prejudice 1 2 1 Waterman's Eden , 10 . 3 Watrous v .. Willard's Equity Juris ...
Halaman xlvii
... interfere to control or limit the exer- cise of a discretionary power . § 18. It is said , that an application to a court of chancery , for the exercise of its prohibitory powers or restrictive energies , must come recommended by the ...
... interfere to control or limit the exer- cise of a discretionary power . § 18. It is said , that an application to a court of chancery , for the exercise of its prohibitory powers or restrictive energies , must come recommended by the ...
Halaman 14
... interference to reconcile the conflicting claims of the respective parties . Thus , where the defendant was entitled to a water - power supplied by a waste weir from a public canal , in a bill for injunction brought by the canal company ...
... interference to reconcile the conflicting claims of the respective parties . Thus , where the defendant was entitled to a water - power supplied by a waste weir from a public canal , in a bill for injunction brought by the canal company ...
Halaman 15
... interfere with their possession . They insist on opening the weirs and helping themselves according to their own judgment ; but this would be a lawless mode of vindi- cating their rights , and it cannot be allowed . If the defend- ants ...
... interfere with their possession . They insist on opening the weirs and helping themselves according to their own judgment ; but this would be a lawless mode of vindi- cating their rights , and it cannot be allowed . If the defend- ants ...
Halaman 19
... interfere with their proceedings on the ground that their decisions were erroneous ; much less stay or inter- fere with them , in anticipation of such erroneous decisions . * ( See § 60. ) Thus , if a city ordinance be in conflict with ...
... interfere with their proceedings on the ground that their decisions were erroneous ; much less stay or inter- fere with them , in anticipation of such erroneous decisions . * ( See § 60. ) Thus , if a city ordinance be in conflict with ...
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Istilah dan frasa umum
action at law affidavit alleged amount answer appear application Barb bill in equity certiorari claim common law complainant contract Court of Chancery court of equity creditor damages debt debtor decree defendant denied dismissed dissolution dissolve an injunction dissolve the injunction entitled execution filed a bill fraud grant an injunction Green Ch ground held injunc tion injunction bond injunction to restrain injunction to stay injunction was granted injury insolvent interfere interpleader irreparable issued Jones Eq judge judgment at law judgment debtor junction jurisdiction land Law and Eq levied Lord Lord Chancellor Lord Eldon ment mortgage motion to dissolve nuisance Paige partnership party payment pending Pennsylvania person plaintiff possession prayed prevent proceedings at law recovered refused relief remedy at law specific performance statute stay proceedings stay waste Stockt suit at law surety thereof trial trustees usury
Bagian yang populer
Halaman 546 - ... claim a writ of injunction against the repetition or continuance of such breach of contract or other injury, or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating...
Halaman 547 - ... or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right...
Halaman 307 - ... before the suit is brought. The granting of such an injunction is a matter resting in the sound discretion of the Court ; and if the Court should grant a perpetual injunction before any disclaimer is filed, it may be, that the...
Halaman 547 - ... such terms as to the duration of the writ, keeping an account, giving security, or otherwise, as to such Court or Judge shall seem reasonable and just, and in case of disobedience such writ may be enforced by attachment by the Court, or, when...
Halaman 275 - I conceive that, to constitute a public nuisance, the thing must be such as, in its nature or its consequences, is a nuisance — an injury or a damage, to all persons who come within the sphere of its operation, though it may be so in a greater degree to 143 some, than it is to others.
Halaman 38 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Halaman 521 - An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the court in which the action is brought, or by a judge thereof; and when granted by a judge, it may be enforced as an order of the court.
Halaman 549 - ... when, during the litigation, it appears that the defendant is doing, or threatens, or is about to do or is procuring or suffering to be done, some act in violation of the plaintiffs rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
Halaman 266 - By the term accident is here intended, not merely inevitable casualty, or the act of Providence, or what is technically called vis major, or irresistible force ; but such unforeseen events, misfortunes, losses, acts, or omissions, as are not the result of any negligence or misconduct in the...
Halaman 408 - If this claim of monopoly can be maintained, without any limitation of time, it is a much better right than that of a patentee ; but the violation of right, with which the defendant is charged, does not fall within the cases in which the court has restrained a fraudulent attempt by one man to invade another's property...