Generally in all matters not herein-before particularly mentioned, in which there is any conflict or variance between the Rules of Equity and the Rules of the Common Law with reference to the same matter, the rules of Equity shall prevail. English Citizenship - Page 91by Frederic Swann - 1923 - 272 pagesFull view - About this book
| Law - 1881 - 572 pages
...become, that Parliament has amended the Judicature Act by providing that " Generally in all matters in which there is any conflict or variance between the rules of equity and the rules of the common law, with reference to the same matter, the rules of equity shall prevail." Mr. Pomeroy... | |
| Law - 1881 - 572 pages
...become, that Parliament has amended the Judicature Act by providing that "Generally in all matters in which there is any conflict or variance between the rules of equity and the rules of the common law, with reference to the same matter, the rules of equity shall prevail." Mr. Pomeroy... | |
| W. NEILSON HANCOCK, LL.D. - 1871 - 652 pages
...thus briefly stated, viz. : That law and equity shall be concurrently administered, and that whenever there is any conflict or variance between the rules of equity and the rules of the common law, with reference to the same matter, the rules of equity shall prevail. The English law... | |
| Great Britain. Parliament. House of Commons - Great Britain - 1873 - 604 pages
...generally in all matters not herein-before conflict not ' . • , enumerated. particularly mentioned, in which there is any conflict or variance between the Rules of Equity and the Rules of the Common Law with reference to the same matter, the Rules of Equity shall prevail. 30 PART III. Sittings... | |
| Great Britain, Thomas Preston - Civil procedure - 1873 - 244 pages
...Conflict not enumerated. (11.) Generally in all matters not hereinbefore particularly mentioned, in which there is any conflict or variance between the Rules of Equity and the Etiles of the Common Law with reference to the same matter, the Rules of Equity shall prevail. PAET... | |
| Henry Foulks Lynch - Law - 1874 - 460 pages
...necessities, she is entitled to be reimbursed out of his estate; but the SCJ Act, 1873, provides that when there is any conflict or variance between the rules of equity and the rules of common law with reference to the same matter the rules of equity shall prevail. If property be given to the separate... | |
| Stephen Martin Leake - Real property - 1874 - 612 pages
...concludes with the enactment that " generally in all matters not hereinbefore particularly mentioned, in which there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail " (6). The Statute... | |
| Freeman Oliver Haynes - Equity - 1874 - 570 pages
...sub-section 11, enacted as follows : "Generally in " all matters not hereinbefore particularly mentioned, in which there is ' ' any conflict or variance between the rules of equity and the rules of the " common law with reference to the same matter, the rules of equity shall " prevail." LECTURE IV.... | |
| Henry John Stephen - Law - 1874 - 726 pages
...rules of equity shall prevail. 8. Generally in all matters not hereinbefore particularly mentioned, in which there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail (y). Such, then,... | |
| Law - 1874 - 450 pages
...before the Court of Appeal, shall be restrained by prohibition or injunction." And where there is a conflict or variance between the rules of equity and the rules of common law with reference to the same matter, the rules of equity shall prevail. Practically, for purposes of... | |
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