| Joseph Story - Civil procedure - 1838 - 660 pages
...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;... | |
| John Adams - Equity - 1852 - 816 pages
...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 - 1882 - 758 pages
...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... | |
| 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
...€. SAME — NOT A MATTER OF RIGHT — EVIDENCE — ADMISSIRILITY. Since specific performance is not a matter of right but rests in the sound discretion of the court, testimony as to the extent of proposed business development for which said land was sought,... | |
| 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
...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
...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 - 1917 - 720 pages
...Even where the terms of a contract are clear, certain and unambiguous, specific performance is not a matter of right but rests in the sound discretion of the court, to be exercised largely according to the facts and circumstances of each case. 2. SAME — mere... | |
| Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 588 pages
...bill of review. The granting of such a bill, for causes not apparent on the face of the record, is not a matter of right, but rests in the sound discretion of the court. There may be cases where the facts, if admitted or proved, would ordinarily form sufficient... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1876 - 886 pages
...held, that where parties to a final judgment fail to appeal by their own default, a re-hearing is not a matter of right, but rests in the sound discretion of the court ; and the appeal was dismissed. The same case was again before this court by appeal on a petition... | |
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