| 1921 - 496 Seiten
...court of record shall be open to objection' on the ground that a merely declaratory judgment, decree or order is sought thereby and the court may make binding declarations of rights whether any consequential relief is or could be claimed or not, including the determination... | |
| William Leggo - 1876 - 1110 Seiten
...consequential relief;3 but now no suit is open to objection on the ground that a mere declaratory decree is sought thereby ; and the Court may make binding declarations of right without granting consequential relief.4 It seems, however, that the cases in which declarations of... | |
| Tennessee Bar Association - 1914 - 1764 Seiten
...that a merely declaratory judgment, oecree or order is sought thereby, and the court may make bind"Og declarations of right whether any consequential relief Is or could be claimed, or not. ТЬеве statutes of Florida, Wisconsin and Michigan have been so Ug ty enacted that, so far as the... | |
| Robert William Andrews - 1883 - 792 Seiten
...as may be just. 5. No action or proceeding shall be open to objectjon Qn tjie groun({ tnat a mereiy declaratory judgment or order is sought thereby, and...consequential relief is or could be claimed or not. XXIII. I. By notice before defence. ORDER XXVI. DISCONTINUANCE. The first Rule has been slightly altered,... | |
| Augustine Robert Whiteway - 1883 - 904 Seiten
...open to objection, on the ground that a merely declaratory judgment or order is sought thereby, anil the Court may make binding declarations of right,...consequential relief is or could be claimed or not. Ridct 1—6 indwrite are new. Ch. Pro. Act, 1852, s. 50. Order XXVI. ORDER XXVI. DISCONTINUANCE. Before... | |
| Sydney Peel - 1883 - 378 Seiten
...objection on the ground Declaratory . decree. that a merely declaratory judgment or order is sought, but the Court may make binding declarations of right, whether any consequential relief is claimed or not. (J) The power to stay or dis- is new. miss frivolous or vexatious actions CHAPTER XXI.... | |
| Nova Scotia - 1884 - 794 Seiten
...as may be just. (E. 288.) 5. No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby,...consequential relief is or could be claimed or not. (E. 289.) ORDER XXVI. DISCONTINUANCE. 1. The plaintiff may at any time before receipt of theplaint^¿vdi(,... | |
| John Cunningham (barrister-at-law.), Sir Miles Walker Mattinson - 1884 - 848 Seiten
...action or proceeding shall be open to objection on the ground that a merely declaratory judgment ororder is sought thereby, and the Court may make binding...consequential relief is or could be claimed or not." (II. .">.) The Defence when settled must be signed by counsel. There are several courses o]icn to a... | |
| Robert William Andrews - 1885 - 872 Seiten
...Ch. D. 35. A). 5. No action or proceeding shall be open to objec- Declaratory tion on the ground that a merely declaratory judgment or order is sought thereby,...consequential relief is or could be claimed or not. Where the interest of the parties to a special case were not of such a nature as to give jurisdiction... | |
| Sir George Osborne Morgan, Edward Albert Wurtzburg - 1885 - 804 Seiten
...Consequential relief. Appeal. 5. No action, or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby,...consequential relief is or could be claimed, or not (I). (/) This rule is taken from the Chancery Procedure Act, 1852, 15 & 16 Viet. c. 86, s. 50 (now... | |
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