 | Law - 1881 - 572 pages
...become, that Parliament has amended the Judicature Act by providing that "Generally in all matters in which there is any conflict or variance between...reference to the same matter, the rules of equity shall prevail." Mr. Pomeroy recommends the adoption of similar provisions in this country. He remarks:... | |
 | Law - 1881 - 572 pages
...become, that Parliament has amended the Judicature Act by providing that " Generally in all matters in which there is any conflict or variance between...reference to the same matter, the rules of equity shall prevail." Mr. Pomeroy recommends the adoption of similar provisions in this country. He remarks:... | |
 | Law - 1896 - 866 pages
...insolvent estates, assignments, mandamus, injunctions and receivers and custody of infants. In ail cases in which there is any conflict or variance between...common law with reference to the same matter, the act declares that the rules of equity shall prevail. In 1875 the act was considerably amended. By section... | |
 | W. NEILSON HANCOCK, LL.D. - 1871 - 652 pages
...thus briefly stated, viz. : That law and equity shall be concurrently administered, and that whenever there is any conflict or variance between the rules...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... | |
 | Great Britain. Parliament. House of Commons - Great Britain - 1873 - 604 pages
...cases of infants, and generally in all matters not herein-before conflict not ' . • , enumerated. particularly mentioned, in which there is any conflict...reference to the same matter, the Rules of Equity shall prevail. 30 PART III. Sittings and Distribution of Business. Abolition of 23. The Division of... | |
 | Great Britain, Thomas Preston - Civil procedure - 1873 - 244 pages
...Equity shall prevail. Cases of Conflict not enumerated. (11.) Generally in all matters not hereinbefore particularly mentioned, in which there is any conflict or variance between the Rules of Equity and the Etiles of the Common Law with reference to the same matter, the Rules of Equity shall prevail. PAET... | |
 | Law - 1873 - 512 pages
...(as there is in the case of legal and equitable waste) " between the rules of equity and the rules of common law, •with reference to the same matter, the rules of equity shall prevail," the same result would have been attained. However, so it is ; and we are not disposed... | |
 | Freeman Oliver Haynes - Equity - 1874 - 570 pages
...thereby, by section 25, sub-section 11, enacted as follows : "Generally in " all matters not hereinbefore particularly mentioned, in which there is ' ' any...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,... | |
 | Henry John Stephen - Law - 1874 - 726 pages
...education of infants the rules of equity shall prevail. 8. Generally in all matters not hereinbefore particularly mentioned, in which there is any conflict...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... | |
 | Stephen Martin Leake - Real property - 1874 - 612 pages
...relate) ; and the section concludes with the enactment that " generally in all matters not hereinbefore particularly mentioned, in which there is any conflict...reference to the same matter, the rules of equity shall prevail " (b). The Statute of Uses, as already stated, does not Trusta Of apply to copyholds... | |
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Generally, in all matters not herein-before particularly 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. 
