 | Judah Philip Benjamin - 1920 - 1270 sidor
...agreed with Willes, J., in Cook v. Lyxter. If the debt were not extinct, he held alternatively that it would be an abuse of the process of the Court to allow the creditor to sue. And, with regard to the amount of the money paid, he held that, where the... | |
 | 1925 - 1262 sidor
...creditor afterwards to sue the debtor for it. The way in which this is worked out in law may be that it would be an abuse of the process of the court to allow the creditor under such circumstances to sue, or it may be, and I prefer that view, that there... | |
 | 1921 - 478 sidor
...affirmatively appears that the evidence cannot possibly be competent, material or relevant, and that it would be an abuse of the process of the court to compel its production." A court honoring said letters will not question the power of a foreign court... | |
 | 1909 - 1130 sidor
...affirmatively appears that the evidence can not possibly bs competent, material, or relevant, and that it would be an abuse of the process of the court to compel its production. I venture to say that your honor's experience assures you that it can not be... | |
 | E. Lauterpacht - 1987 - 806 sidor
...so clearly part of the subject matter of the litigation and so clearly could have been raised that it would be an abuse of the process of the court to allow a new proceeding to be started in respect of them." The Yat Tung case was a case where the relief... | |
 | Peter R. Barnett - 2001 - 432 sidor
...are so dearly part of the subject-matter of the litigation and so dearly could have been raised that it would be an abuse of the process of the Court to allow a new proceeding to be started in respect of them. In Arnold v National Westminster Bank p/c146... | |
 | George Brubaker Kulp, Joseph D. Coons, Wesley E. Woodruff - 1884 - 584 sidor
...jurisdiction, the right to determine every question of fact and law which may be involved." Loomis i'. Lane, 5 C. 246. The statute does not simply give the...to pay. It may be questioned whether an order for relaxation is the necessary or proper method to decide this question, but the money now being in court,... | |
 | Simon Salzedo, Peter Brunner - 2004 - 304 sidor
...further payment. (II) Per Fletcher Moulton LJ either (i) 'there is an extinction of the debt'; or (ii) 'it would be an abuse of the process of the court to allow the creditor under such circumstances to sue'. Vanbergen v St Edmunds Properties Ltd (1933) CA... | |
 | 1912 - 774 sidor
...affirmatively appears that the evidence sought cannot possibly be competent, material, or relevant, and that it would be an abuse of the process of the court to compel its production." Blease v. Garlington, 92 US 1, 23 L. Ed. 521 ; Dowagiac Mfg. Co. v. Lochren,... | |
 | 1917 - 1054 sidor
...which rendered it a moral duty on his part to do so, I can well understand that the Court would say it would be an abuse of the process of the Court to allow it to go further. The matter does not stop there, because hitherto I have been dealing only with... | |
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... competent, material or relevant and that it would be an abuse of the process of the court to compel its production. 
