Corpus Juris: Being a Complete and Systematic Statement of the Whole Body of the Law as Embodied in and Developed by All Reported Decisions, 21. sējums

Pirmais vāks
William Mack, William Benjamin Hale
American Law Book Company, 1920
 

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274. lappuse - Persons who not only have an interest in the controversy, but an interest, of such a nature that a final decree cannot be made without either affecting that interest, or leaving the controversy in such a condition that its final termination may be wholly inconsistent with equity and good conscience.
113. lappuse - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the confiding party, the person so availing himself of his position will not be permitted to retain the advantage, although the transaction could not have been impeached if no such confidential relation...
39. lappuse - The effect of the provision of the judiciary act, as often stated by this court, is that 'whenever a court of law is competent to take cognizance of a right, and has power to proceed to a judgment which affords a plain, adequate, and complete remedy, without the aid of a court of equity, the plaintiff must proceed at law, because the defendant has a constitutional right to a trial by jury.
22. lappuse - 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] a Chancellor's Foot, what an uncertain Measure would this be?
80. lappuse - There must be some recognized ground of equitable interference, or some community of interest in the subject matter of controversy, or a common right or title involved to warrant the joinder of all in one suit; or there must be some common purpose in pursuit of a common adversary, where each may resort to equity in order to be joined in one suit; and it is not enough that there "is a community of interest merely in the question of law or of fact involved," etc., as stated by Pomeroy in section 268.
93. lappuse - ... any fact which clearly proves it to be against conscience to execute a Judgment, and of which the Injured party could not have availed himself in a court of...
23. lappuse - The doctrines of this Court ought to be as well settled, and made as uniform almost, as those of the common law, laying down fixed principles, but taking care that they are to be applied according to the circumstances of each case.
106. lappuse - An essential feature of this scheme is the mathematical calculations referred to, on which the premiums and amounts assured are based. And these calculations, again, are based on the assumption of average mortality, and of prompt payments and compound interest thereon. Delinquency cannot be tolerated nor redeemed, except at the option of the company.
260. lappuse - It is a general rule in equity, that all persons materially Interested, either legally or beneficially, In the subject-matter of the suit, are to be made parties to It, either as plaintiffs or defendants, however numerous they may be, so that there may be a complete decree, which shall bind them all.
114. lappuse - fraud in the sense of a court of equity properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.

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