Reports of Cases Argued and Determined in the Court of Chancery, the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals, of the State of New Jersey, Količina 1Hough & Gillespy, Printers, 1867 |
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acres Adm'r administrator admitted adultery agreement alleged amount answer assignment Beas Berckmans Bergen Point bill is filed bond and mortgage Camden CHANCELLOR charge charter choses in action claim complainant complainant's construction contract conveyance conveyed corporation Court of Chancery court of equity creditors debt decree deed defendant Delaware Bay demurrer encumbrances enforce entitled evidence Ex'rs execution executors fact farm fraud fraudulent fund grant Green's Ch ground husband Ibid injunction insolvent interest issue Jersey Jersey City John Schenck Johns judgment land legacy legatee legislature lien ment Morris Canal Morris County mort mortgaged premises mortgagor Orphans Court paid Paige parties payment plainant plank road Port Monmouth principle purchaser question railroad company real estate relief settlement sheriff sold statute Story's Eq suit thereof tion tract transportation trust usury valid Vesey Vreeland wife
Priljubljeni odlomki
Stran 442 - The right must be clear, the injury impending or threatened, so as to be averted only by the protecting preventive process of injunction...
Stran 428 - Where the intent is plain, nothing is left to construction. Where the mind labors to discover the design of the legislature, it seizes everything from which aid can be derived ; and in such case the title claims a degree of notice, and will have its due share of consideration.
Stran 170 - It is an acknowledged principle of law that the title and disposition of real property is exclusively subject to the laws of the country where it is situated, which can alone prescribe the mode by which a title to it can pass from one person to another.
Stran 256 - Whenever, therefore, whether from personal incapacity to contract, or the nature of the contract, or any other cause, the contract is incapable of being enforced against one party, that party is equally incapable of enforcing it against the other, though its execution in the latter way might in itself be free from the difficulty attending its execution in the former.
Stran 372 - This, like many other cases, is a bargain between a company of adventurers and the public, the terms of which are expressed in the statute; and the rule of construction, in all such cases, is now fully established to be this; that any ambiguity in the terms of the contract must operate against the adventurers, and in favor of the public, and the plaintiffs can claim nothing that is not clearly given them by the act.
Stran 148 - Where, indeed, a contract respecting real property is in its nature and circumstances unobjectionable, it is as much a matter of course for courts of equity to decree a specific performance of it, as it is for a court of law to give damages for...
Stran 225 - Time is not generally deemed in equity to be of the essence of the contract, unless the parties have expressly so treated it, or it necessarily follows from the nature and circumstances of the contract.
Stran 105 - Such notice shall set forth that it is her intention to make application to the district court of said county, on the day therein named, for an order of said court permitting her to carry on business in her own name and on her own account; and it shall specially set forth the nature of the business to be carried on.
Stran 442 - There is no power, the exercise of which is more delicate, which requires greater caution, deliberation and sound discretion, or is more dangerous in a doubtful case, than the issuing of an injunction. It is the strong arm of equity, that never ought to be extended unless to cases of great injury, where courts of law cannot afford an adequate or commensurate remedy in damages.
Stran 428 - It is an established rule in the exposition of statutes that the intention of the lawgiver is to be deduced from a view of the whole and of every part of a statute taken and compared together. The real intention, when accurately ascertained, will always prevail over the literal sense of terms.