 | Joseph Story - Civil procedure - 1838 - 660 pages
...Bacon's Ordinance ; and that is, that the granting of such a Bill of review for new-discovered evidence is not a matter of right ; but rests in the sound discretion of the Court. It may, therefore, be refused, although the facts, if admitted, would change the decree, where... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1877 - 714 pages
...been discovered sooner by the use of reasonable diligence; nor is the granting of relief in such case a matter of right, but rests in the sound discretion of the court, and may be refused when it would work wrong or injustice. Ib. 301. 35. Specific performance;... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1891 - 798 pages
...Bank v. Mies, Walk. Ch. 99; Chamberlin v. Darragh, Id. 149. c — If the contract is unequal, if its consideration is inadequate, if it contains unreasonable...interfere for specific performance, and leave the party to his remedy at law; citing Rust v. Conrad, 47 Mich. 449; Chambers v. Livermore, 15 Id. 381. d— In... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1882 - 758 pages
...is substantially the contract set forth in the bill and is clearly proved. Brown v. Brown, 878. 2. The specific performance of contracts is not a matter...of right, but rests in the sound discretion of the court. Bust T. Conrad, 449. 8. If the contract is unequal ; if the consideration is inadequate ; if... | |
 | John Adams - Equity - 1852 - 816 pages
...Andrews v. Walton, 8 Cl. & F. 457. 1 Gardiner, J., Gracie v. Freeland, 1 Comstock, 236. 1 A rehearing is not a matter of right, but rests in the sound discretion of the Court; Daniel v. Mitchell, 1 Story, 198. It is only allowed where some plain error, omission, or mistake,... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1922 - 836 pages
...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 quite proper to show that compensation for the breach of the contract in money was out... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1893 - 800 pages
...Sanford i: Haines, 71 Mich. 116; Jenn. Ch. Pr. 874. 8. The granting of leave to file a bill of review is not a matter of right, but rests in the sound discretion of the court, in view of all the circumstances and consequences; citing Thomas v. Brockenbrough, 10 Wheat.... | |
 | Connecticut. Supreme Court of Errors - Law reports, digests, etc - 1892 - 664 pages
...grounds, as legal or equitable defenses in any other. Certainly in the granting of injunctions, which is not a matter of right, but rests in the sound discretion of the court, we ought not in this jurisdiction to enjoin defendants who never intended to institute any proceedings... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1910 - 726 pages
...a reasonable degree of certainty, and even when such requirements are present, specific performance is not a matter of right but rests in the sound discretion of the court 6. SAME — a party to a contract may waive defects in title. A party to a contract to convey... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1920 - 694 pages
...different from those in an action on the case for deceit. "Specific performance cannot be demanded as 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. If the contract... | |
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The specific performance of contracts is not a matter of right, but rests in the sound discretion of the court. 
