A Selection of Cases on Equity Jurisdiction, Volume 1Baker, Voorhis, 1894 - Equity |
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Common terms and phrases
action at law adverse possession affidavit alleged answer appears applied Attorney-General authority bill of interpleader brought cause circumstances claim complainant costs Court of Chancery court of equity damages decision decree deed defendant's demurrer doubt ejectment entitled erected established evidence exercise facts fendant Gerrard Street grant an injunction ground heir Henry Marquis Hernal injunction injury interest interfere issue John judgment jurisdiction justice land lease letters litigation Lord Chancellor Lord Eldon Lord Hardwicke Lord Thurlow mansion-house Marquis of Lansdowne ment motion nuisance opinion ornamental owner parties person plain plaintiff possession prayed premises present principle proceedings purpose question reason refused relief remedy rents and profits Reported respect restrain the defendant statute stay waste street suit Supreme Court sustained tenant term testator thereof tiff timber tion trees trespass trial trustees Vice-Chancellor waste William
Popular passages
Page 21 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and, 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.
Page 66 - 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...
Page 19 - Appeal from order of the General Term of the Supreme Court in the third judicial department...
Page 658 - In this and similar cases the legislature alone can, and indeed frequently does, interpose, and compel the individual to acquiesce. But how does it interpose and compel ? Not by absolutely stripping the subject of his property in an arbitrary manner ; but by giving him a full indemnification and equivalent for the injury thereby sustained.
Page 200 - We see no reason why the same rule should not be applied here. If the defendant had no right to enter and occupy a place in the plaintiff's foundry, it would seem that he might easily have been stopped at the door, or, having entered, have been put out by calling in a policeman if necessary. In our opinion, the demurrer was properly sustained, and the judgment should be affirmed.
Page 834 - ... is that the owner permitted such use, that excuse is disposed of by affirmative action to put a stop to it. Persistence then in the use is not innocent ; and the wrong is a continuing one, demanding restraint by judicial interposition when properly invoked. Mere delay or acquiescence cannot defeat the remedy by injunction in support of the legal right, unless it has been continued so long and under such circumstances as to defeat the right itself.
Page 851 - Act 21 & 22 Vict. c. 27, commonly called Lord Cairns' Act. The words of the 2d section are general: "In all cases in which the Court of Chancery has jurisdiction to entertain an application for an injunction against a breach of any covenant, contract, or agreement...
Page 353 - If an instrument ought not to be used or enforced, it is against conscience for the party holding it to retain it; since he can only retain it for some sinister purpose.
Page 365 - Every Act shall embrace but one subject, which subject shall be expressed in its title. But if any subject shall be embraced in an Act which shall not be expressed in its title, such Act shall be void only as to so much thereof as shall not be expressed in its title.
Page 680 - Ought this inconvenience to be considered in fact as more than fanciful, more than one of mere delicacy or fastidiousness, as an inconvenience materially interfering with the ordinary comfort, physically, of human existence, not merely according to elegant or dainty modes and habits of living, but according to plain and sober and simple notions among the English people?