Reports of Cases Determined in the Court of Chancery of the State of New-Jersey, [1834-1845], 3권E. Sanderson, 1846 |
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12 페이지
... ground , they should have sta- ted it in the notice . When a motion is to be made to dissolve an injunction for want ... grounds of the motion . Informali- ties might be supplied and costs and delay saved . The second objection is fatal ...
... ground , they should have sta- ted it in the notice . When a motion is to be made to dissolve an injunction for want ... grounds of the motion . Informali- ties might be supplied and costs and delay saved . The second objection is fatal ...
13 페이지
... grounds affect- ing the merits of the claim - when the party seeks to interpose some equity to protect himself against ... ground , it is not necessary that I should ex- press any decided opinion . I will merely say , that a pretty ex ...
... grounds affect- ing the merits of the claim - when the party seeks to interpose some equity to protect himself against ... ground , it is not necessary that I should ex- press any decided opinion . I will merely say , that a pretty ex ...
32 페이지
... ground , within a reasonable time , though it may interfere with the first occupant , are questions not within the present case , and do not call for the consideration of the court . When there has been an enjoyment of a stream of water ...
... ground , within a reasonable time , though it may interfere with the first occupant , are questions not within the present case , and do not call for the consideration of the court . When there has been an enjoyment of a stream of water ...
35 페이지
... ground of damages already done , I should be inclined to say the ground as exhibited is insufficient . But the complainant alleges that the defendants are going on further to obstruct the water ; that by damming up and obstruct- ing the ...
... ground of damages already done , I should be inclined to say the ground as exhibited is insufficient . But the complainant alleges that the defendants are going on further to obstruct the water ; that by damming up and obstruct- ing the ...
42 페이지
... ground that the intention of the parties was to pass all the right in the premises . And justice Aston , in the same case , says , It is clear from the general complexion and circum- stances of this case , that there has been some ...
... ground that the intention of the parties was to pass all the right in the premises . And justice Aston , in the same case , says , It is clear from the general complexion and circum- stances of this case , that there has been some ...
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acres Adm'rs administration admitted affidavit aforesaid alleged amount answer appears application assignment Bank of New-Brunswick bill bond and mortgage Catharine Chan chancellor charge claim complainant complainant's considered consistory counsel court COURT OF CHANCERY court of equity creditors daughters death debt deceased decree deed defendants demurrer Depeyster devised dower Dutch Reformed Church eighteen hundred entitled equity evidence Ex'rs execution executors fact filed fraud given granted ground Hardenburgh heirs at law Houten hundred dollars injunction intention interest interpleader James Maher John judgment land legacy legatees letters testamentary matter Maxwell ment Morris Canal New-Jersey opinion orphans paid parties payment personal estate plainant possession Potts premises probate proceedings proved real estate received Reeves rule says six thousand dollars sold statute Stephen Baker Studdiford sufficient taken testimony Thomas Reeves tion trust Vandoren Vanmeter Vesey widow wife William Winkle witness
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25 페이지 - ... solebat), without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct...
623 페이지 - Where rights are infringed, where fundamental principles are overthrown, where the general system of the laws is departed from, the legislative intention must be expressed with irresistible clearness to induce a court of justice to suppose a design to effect such objects.
500 페이지 - ... or which violates the manifest intention of the parties to the agreement, equity will correct the mistake so as to produce a conformity of the instrument to the agreement.
176 페이지 - Confirming this and none other to be my last will and testament in testimony whereof I Have Hereunto set my Hand and affixed my seal this twenty ninth day of August in the year of our Lord one Thousand Eight Hundred and Eight...
414 페이지 - Even where a complete legal title vests in them, and there is no notice of any equity affecting it, they take subject to whatever equity the bankrupt was liable to.
117 페이지 - An ex post facto law is one which renders an act punishable in a manner in which it was not punishable when it was committed.
606 페이지 - The question is not so much what was the degree of memory possessed by the testator ? as this : Had he a disposing memory ? was he capable of recollecting the property he was about to bequeath; the manner of distributing it; and the objects of his bounty? To sum up the whole in the most simple and...
517 페이지 - The general rule is, that an act done, or contract made, under a mistake or ignorance of a material fact, is voidable and relievable in equity.
640 페이지 - A rule to show cause why a verdict should not be set aside will be i treated as a .motion for tu new trial, the petition alleging errors in the trial.
139 페이지 - In regard to public nuisances," Mr. Justice Story says, "the jurisdiction of courts of equity seems to be of a very ancient date, and has been distinctly traced back to the reign of Queen Elizabeth. The jurisdiction is applicable, not only to public nuisances, strictly so called, but also to purprestures upon public rights and property.