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" Specific performance is not a matter of right, but rests in the sound discretion of the court... "
Reports of Cases at Law and in Chancery Argued and Determined in the Supreme ... - Page 275
by Illinois. Supreme Court - 1917
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Commentaries on Equity Pleadings, and the Incidents Thereto: According to ...

Joseph Story - 1838 - 660 pages
...Bacon's Ordinance ; and that is, that the granting of such a Bill of review for new-discovered evidence is not a matter of right ; but rests in the sound discretion of the Court. It may, therefore, be refused, although the facts, if admitted, would change the decree, where...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 51

Alabama. Supreme Court - 1877 - 714 pages
...been discovered sooner by the use of reasonable diligence; nor is the granting of relief in such case a matter of right, but rests in the sound discretion of the court, and may be refused when it would work wrong or injustice. Ib. 301. 35. Specific performance;...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 214

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1922 - 836 pages
...Supreme Court, on appeal. €. SAME — NOT A MATTER OF RIGHT — EVIDENCE — ADMISSIRILITY. Since specific performance is not a matter of right but rests in the sound discretion of the court, testimony as to the extent of proposed business development for which said land was sought,...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 93

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1893 - 800 pages
...Sanford i: Haines, 71 Mich. 116; Jenn. Ch. Pr. 874. 8. The granting of leave to file a bill of review is not a matter of right, but rests in the sound discretion of the court, in view of all the circumstances and consequences; citing Thomas v. Brockenbrough, 10 Wheat....
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 47

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1882 - 758 pages
...performance — Lease — Revocation of Uceme. ' 47 449 138 '253 The specific performance of contracts is not a matter of right, but rests in the sound discretion of the court. If the contract is unequal; if the consideration is inadequate; if it contains unreasonable...
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The Doctrine of Equity: Being a Commentary on the Law as Administered by the ...

John Adams - 1852 - 816 pages
...Andrews v. Walton, 8 Cl. & F. 457. 1 Gardiner, J., Gracie v. Freeland, 1 Comstock, 236. 1 A rehearing is not a matter of right, but rests in the sound discretion of the Court; Daniel v. Mitchell, 1 Story, 198. It is only allowed where some plain error, omission, or mistake,...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 9

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1862 - 600 pages
...the statute authorizing the proceedings of the commissioners, and at common law the writ is not one of right, but rests in the sound discretion of the court, to be allowed or not, as may best promote the ends of justice: — The People v. Supervisors of Allegany,...
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Connecticut Reports: Containing Cases Argued and Determined in ..., Volume 61

Connecticut. Supreme Court of Errors - 1892 - 664 pages
...grounds, as legal or equitable defenses in any other. Certainly in the granting of injunctions, which is not a matter of right, but rests in the sound discretion of the court, we ought not in this jurisdiction to enjoin defendants who never intended to institute any proceedings...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volume 77

Massachusetts. Supreme Judicial Court - 1864 - 588 pages
...his bill of review. The granting of such a bill, for causes not apparent on the face of the record, is not a matter of right, but rests in the sound discretion of the court. There may be cases where the facts, if admitted or proved, would ordinarily form sufficient...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 74

North Carolina. Supreme Court - 1876 - 886 pages
...there held, that where parties to a final judgment fail to appeal by their own default, a re-hearing is not a matter of right, but rests in the sound discretion of the court ; and the appeal was dismissed. The same case was again before this court by appeal on a petition...
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