 | 1881 - 572 sidor
...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 rules of equity and the rules of the common law, with reference to the same matter, the rules of equity shall prevail." Mr. Pomeroy... | |
 | 1881 - 572 sidor
...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 rules of equity and the rules of the common law, with reference to the same matter, the rules of equity shall prevail." Mr. Pomeroy... | |
 | W. NEILSON HANCOCK, LL.D. - 1871 - 652 sidor
...thus briefly stated, viz. : That law and equity shall be concurrently administered, and that whenever 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. The English law... | |
 | Great Britain, Thomas Preston - 1873 - 244 sidor
...and education of infants the Rules of Equity shall prevail. Cases of Conflict not enumerated. (11.) Generally in all matters not hereinbefore particularly...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 - 1873 - 604 sidor
...cases of infants, and generally in all matters not herein-before conflict not ' . • , enumerated. particularly mentioned, in which there is any conflict...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. 30 PART III. Sittings... | |
 | Stephen Martin Leake - 1874 - 612 sidor
...treating of the several matters to which they relate) ; and the section concludes with the enactment that " generally in all matters not hereinbefore particularly...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 " (b). The Statute... | |
 | Henry John Stephen - 1874 - 726 sidor
...In questions relating to the custody and education of infants the rules of equity shall prevail. 8. Generally in all matters not hereinbefore particularly...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 (y). Such, then,... | |
 | Freeman Oliver Haynes - 1874 - 570 sidor
...force to this observation, since it is thereby, by section 25, sub-section 11, enacted as follows : "Generally in " all matters not hereinbefore particularly...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." LECTURE IV.... | |
 | Stephen Martin Leake - 1874 - 612 sidor
...Judicature Act, (36 &. 37 Viet. c. 66,) s. 25, (11) may, perhaps, be considered as operating upon the variance between the rules of equity and the rules of common law with reference to the administration of asset*. (a) See Jlailey v. Etins, 7 Ves. 323 ; Hughes v. Dolben, 2 Bro. C. C. 614.... | |
 | Henry Foulks Lynch - 1874 - 460 sidor
...At law they were considered joint-tenants in each case; and, since the SCJ Act, where there is any variance between the rules of Equity and the rules of Common Law, the former shall prevail. What is the distinction between a joint-tenancy and a tenancy by entireties... | |
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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. 
