 | 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...the same matter, the rules of equity shall prevail." Mr. Pomeroy recommends the adoption of similar provisions in this country. He remarks: "Every careful... | |
 | 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...the same matter, the rules of equity shall prevail." Mr. Pomeroy recommends the adoption of similar provisions in this country. He remarks: "Every careful... | |
 | 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...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 - Civil procedure - 1873 - 244 pages
...education of infants the Rules of Equity shall prevail. Cases of Conflict not enumerated. (11.) Generally in all matters not hereinbefore particularly mentioned,...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... | |
 | Great Britain. Parliament. House of Commons - Great Britain - 1873 - 604 pages
...herein-before particularly Cases of mentioned, in which there is any conflict or variance co"llict "ot between the Rules of Equity and the Rules of the Common...reference to the same matter, the Rules of Equity 10 shall prevail. PAKT III. Sittings and Distribution of J] us i ness. 27. The Division of the legal... | |
 | 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 to quarrel with... | |
 | Law - 1873 - 680 pages
...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 PART III.—SITTINGS OF THE COURT AND DISTRIBUTION OF BUSINESS. In this part of the Act an attempt... | |
 | Stephen Martin Leake - Real property - 1874 - 612 pages
...several matters to which they relate) ; and the section concludes with the enactment that " generally in all matters not hereinbefore particularly mentioned,...the same matter, the rules of equity shall prevail " (b). The Statute of Uses, as already stated, does not Trusta Of apply to copyholds ; and the uses... | |
 | Henry John Stephen - Law - 1874 - 726 pages
...questions relating to the custody and education of infants the rules of equity shall prevail. 8. Generally in all matters not hereinbefore particularly mentioned,...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... | |
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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. 
