The Practice in Equity, Being the Equity Act of 1880 And the Rules of Court Issued Thereunder : Critically Examined And Compared With the Present English Practice, With Full References to the English And Colonial Cases
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In our eReader you can find the full English version of the book. Read The Practice in Equity, Being the Equity Act of 1880 And the Rules of Court Issued Thereunder : Critically Examined And Compared With the Present English Practice, With Full References to the English And Colonial Cases Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Practice in Equity, Being the Equity Act of 1880 And the Rules of Court Issued Thereunder : Critically Examined And Compared With the Present English Practice, With Full References to the English And Colonial Cases
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51 without any interruption of his enjoyment, but that the defendant sets up an equitable claim which ought not to be binding on the plaintiff, and (praying no other relief) obtain in such a suit a declaration that it is not binding on him (Booke v. Lord Kensington, uhi supra). Again, a lease having been granted to two partners, a bill was filed by the representative of one of the lessees deceased, alleging that the lessor claimed to have a right under the covenants against the plaintiff, if a ...breach should arise, and praying a declaration that the defendant had no right : a demurrer was allowed {Jackson v. Twrnley, ubi supra). But the authority of these cases, so far as they enunciate the general propositions above referred to — for the decisions themselves seem quite unimpeachable — has been shaken by the remarks of James, L.J., who has expressed an opinion that in these cases the Court had adopted rather a narrow view, at the same time adding that certainly it would not have done to ask the Court to make a declaration upon mere abstract questions, and that possibly it would not be right to ask a Court of Equity to decide something which would have to be determined in a Court of Law (Cox V.
What to read after The Practice in Equity, Being the Equity Act of 1880 And the Rules of Court Issued Thereunder : Critically Examined And Compared With the Present English Practice, With Full References to the English And Colonial Cases?
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To quickly assess the difficulty of the text, read a short excerpt:
51 without any interruption of his enjoyment, but that the defendant sets up an equitable claim which ought not to be binding on the plaintiff, and (praying no other relief) obtain in such a suit a declaration that it is not binding on him (Booke v. Lord Kensington, uhi supra). Again, a lease having been granted to two partners, a bill was filed by the representative of one of the lessees deceased, alleging that the lessor claimed to have a right under the covenants against the plaintiff, if a ...breach should arise, and praying a declaration that the defendant had no right : a demurrer was allowed {Jackson v. Twrnley, ubi supra). But the authority of these cases, so far as they enunciate the general propositions above referred to — for the decisions themselves seem quite unimpeachable — has been shaken by the remarks of James, L.J., who has expressed an opinion that in these cases the Court had adopted rather a narrow view, at the same time adding that certainly it would not have done to ask the Court to make a declaration upon mere abstract questions, and that possibly it would not be right to ask a Court of Equity to decide something which would have to be determined in a Court of Law (Cox V.
What to read after The Practice in Equity, Being the Equity Act of 1880 And the Rules of Court Issued Thereunder : Critically Examined And Compared With the Present English Practice, With Full References to the English And Colonial Cases?
You can find similar books in the "Read Also" column, or choose other free books by Walker, W. Gregory (William Gregory), 1848-1910 to read onlineMoreLess
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