 ... stipulations on his part, or has seasonably and in good faith offered, and continues ready to comply with them. But it is not the invariable practice. This form of relief is not a matter of absolute right to either party; it is a matter resting in...  Berks County Law Journal - Stranica 115napisao/la Randolph Stauffer, Wellington M. Bertolet - 1915Potpun prikaz - O ovoj knjizi
 | United States. Supreme Court - 1870 - Broj stranica: 738
...practice. This form of relief is not a matter of absolute right to either party; it is a matter resting in the discretion of the court, to be exercised upon a consideration of all the circumstances of each" particular case. The jurisdiction, ewd Lord Erskine,* "is not compulsory upon -ihe court, bufthe... | |
 | United States. Supreme Court - 1872 - Broj stranica: 192
...practice. This form of relief is not a matter of absolute right to either party, but a matter resting in the discretion of the court, to be exercised upon a consideration of all the circumstances of each particular case. In general the specific relief will be granted when*it is apparent, from a view... | |
 | John Norton Pomeroy - 1879 - Broj stranica: 682
...practice. This form of relief is not a matter of absolute right to either party ; it is a matter resting in the discretion of the court to be exercised upon a consideration of all the circumstances of each particular case " [citing several leading cases] (p. S66). " It is true the cases cited, in which... | |
 | 1904 - Broj stranica: 1038
...fairly entered into, both as to real and personal property. The right, however, is not absolute, but rests in the discretion of the court, to be exercised upon a consideration of all the circumstances of each particular case. Willard v. Tayloe, 8 Wall. 557-505, 19 L. Ed. 501. And when it appears in the... | |
 | United States. Comptroller of the Treasury - 1884 - Broj stranica: 680
...sound and reasonable discretion. Such relief is not a matter of absolute right. It is a matter resting in the discretion of the court to be exercised upon a consideration of all the circumstances of each particular case. The probabilities that App could ever have enforced specific performance of the... | |
 | 1927 - Broj stranica: 440
...is extremely doubtful. It is often said that relief in equity is a matter of grace and not of right, and rests in the discretion of the court to be exercised...upon a consideration of all the circumstances of the case. Of course there are well defined limits to the exercise of the court's discretion, and these... | |
 | Frank Sumner Rice, William Lawrence Clark - 1898 - Broj stranica: 792
...practice. This form of relief is not a matter of absolute right to either party; it is a matter resting in the discretion of the court, to be exercised upon a consideration of all the circumstances of each particular case. The jurisdiction, said Lord EI.OON, "is not compulsory upon the court, but the... | |
 | Indiana. Appellate Court - 1902 - Broj stranica: 800
...thereof. The granting of specific performance of a contract is a matter of sound judicial discretion, to be exercised upon a consideration of all the circumstances of the particular case. The appellant has not seasonably and in good faith offered to perform his part of... | |
 | 1906 - Broj stranica: 786
...practice. This form o! relief is not a matter of absolute right to either party ; it is a matter resting in the discretion of the court, to be exercised upon a consideration of all the circumstances of each particular case. The jurisdiction.' said Ix>rd Erskine. 'is not compulsory upon the court, but... | |
 | Virginia. Supreme Court of Appeals, Benjamin Watkins Leigh, Conway Robinson, Peachy Ridgway Grattan, James Muscoe Matthews, George W. Hansbrough, Martin Parks Burks - 1907 - Broj stranica: 1020
...that this form of relief is not a matter of absolute right to either party, but is a matter resting in the discretion of the court, to be exercised upon a consideration of all the circumstances of each particular case. In O'Brien v. Boland, 166 Mass. 481, 44 NE 602, the contract specifically enforced... | |
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