| 1881 - 572 Seiten
...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... | |
| 1881 - 572 Seiten
...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 Seiten
...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... | |
| 1873 - 512 Seiten
...in which there is any conflict or variance" (as there is in the case of legal and equitable waste) " between the rules of equity and the rules of common...the same matter, the rules of equity shall prevail," the same result would have been attained. However, so it is ; and we are not disposed to quarrel with... | |
| Great Britain. Parliament. House of Commons - 1873 - 604 Seiten
...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 - 1873 - 244 Seiten
...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... | |
| 1873 - 680 Seiten
...particularly mentioned, in which there is any variance between the rules of common law and equity, with reference to the same matter, the rules of equity shall prevail PART III.—SITTINGS OF THE COURT AND DISTRIBUTION OF BUSINESS. In this part of the Act an attempt... | |
| 1874 - 440 Seiten
...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 same matter, the rules of equity shall prevail. Practically, for purposes of remedy, the assignment of a debt or chose in action, not negotiable in... | |
| 1874 - 450 Seiten
...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 same matter, the rules of equity shall prevail. Practically, for purposes of remedy, the assignment of a debt or chose in action, not negotiable in... | |
| Stephen Martin Leake - 1874 - 612 Seiten
...Judicature Act, (36 &. 37 Viet. c. 66,) s. 25, (11) may, perhaps, be considered as operating upon the variance between the rules of equity and the rules of common law with reference to the administration of asset*. (a) See Jlailey v. Etins, 7 Ves. 323 ; Hughes v. Dolben, 2 Bro. C. C. 614.... | |
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