(3). No doubt the 25th section of the Judicature Act, 1873, enacts, in sub-section 11, that generally where " there is any conflict between the rules of equity and the rules of common law with reference to the same matter, the rules of equity shall prevail,"... The Law Journal Reports - Pàgina 4041877Visualització completa - Sobre aquest llibre
| W. NEILSON HANCOCK, LL.D. - 1871 - 652 pàgines
...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 was introduced into Ireland, and courts of justice in conformity with the laws of England... | |
| Great Britain, Thomas Preston - 1873 - 244 pàgines
...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. PAET III. Sittings and Distribution of Business, Abolition of Terms. 26. The division of the legal... | |
| 1873 - 680 pàgines
...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 PAET III.—SITTINGS OF THE COURT AND DISTRIBUTION OF BUSINESS. Sec. 26 abolishes terms so far as relates... | |
| Henry Foulks Lynch - 1874 - 460 pàgines
...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...the same matter the rules of equity shall prevail. quent husband on her separate use, and what the effect on it in case of her contracting a second marriage..... | |
| 1874 - 450 pàgines
...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 rule? of equity shall prevail. Practically, for purposes of remedy, the assignment of a debt or chose... | |
| Stephen Martin Leake - 1874 - 612 pàgines
...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 assets. (a) See Bailey v. Eiciru, 7 Ves. 323 ; Hughes v. Dolben, 2 Bro. C. C. 614.... | |
| Henry John Stephen - 1874 - 726 pàgines
...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, being the parity of law and reason which governs both systems, wherein (it may be... | |
| Wynne E. Baxter - 1874 - 452 pàgines
...which there is enumerated 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. PART III. Sittings and Distribution of Business. 26. The Division of the legal year into terms Abolition... | |
| Freeman Oliver Haynes - 1874 - 570 pàgines
...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. THE task to be performed, or at least attempted, by me in this lecture, is to give a "... | |
| Stephen Martin Leake - 1874 - 612 pàgines
...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 of Uses, as already stated, does not Truiu of apply to copyholds ; and the uses of... | |
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