 | Thomas Rolin, George Massey Long Innes, New South Wales. Supreme Court - 1903 - 850 sidor
...• j -^ vi ii , 20 Via No: 31, to relief against such judgment on equitable grounds may plead 5. 48. the facts which entitle him to such relief by way of defence, and the Court may receive such defence by way of plea. (2) Such plea shall begin with the words " for defence... | |
 | Australia. High Court - 1906 - 956 sidor
...obtained he would be entitled to relief against I\ICNAOHTEN such judgment on equitable grounds may plead the facts which entitle him to such relief by way of defence." It has been held that the facts alleged in the plea must be such as would entitle the defendant to... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - 1909 - 982 sidor
...Procedure Act does not apply to a case like the present. The enactment is, that the defendant in any cause in which, if judgment were obtained, he would be entitled to relief against such judgment upon equitable grounds, may plead the facts which would entitle him to such relief by way of defence,... | |
 | Allan H. Fisher - 1922 - 222 sidor
...of 1888, Ch. 547. This Act, as codified (Code, Art. 75, Secs. 86, 87 and 88), provides as follows: in which, if judgment were obtained, he would be entitled...against such judgment on equitable grounds, to plead to the facts which entitle him to such relief by way of defense, and the court in which said action... | |
 | 1923 - 1144 sidor
..." the order of trying the various issues, 17 the proper mode of trial, 18 and the correct appellate judgment were obtained, he would be entitled to relief...the facts which entitle him to such relief by way of defense. ..." 8 As a matter of strict analysis there can be no equitable defense to a legal cause of... | |
 | Walter Wheeler Cook - 1926 - 1228 sidor
...1854, § 83 : "It shall be lawful for the defendant or plaintiff in replevin in any cause in any of the superior courts in which if judgment were obtained,...would be entitled to relief against such judgment on equi10 Equity began at an early date^;o_grajiL.rellef against sealed obligations whinh nroi-e n"tfl1rlH... | |
 | Nova Scotia. Supreme Court - 1880 - 670 sidor
...cause in the Supreme Court, in which if judgment were obtained he would have been entitled to relief on equitable grounds to plead the facts which entitle him to such relief." This statute affords a distinct and conclusive answer to this replication. It would be a new thing... | |
 | Great Britain. Parliament. House of Commons - 1862 - 752 sidor
...would be entitled ^^ied"^' to Relief against such Judgment on equitable Grounds to rely upon see Common the Facts which entitle him to such Relief by way of Defence, and Law Pr°ce20 the Judge is hereby empowered to receive such Defence. 1854 s-C8'3. 8. If upon the Trial... | |
 | Great Britain. Court of Exchequer, Edwin Tyrrell Hurlstone, John Paxton Norman - 1857 - 1020 sidor
...The section of the Common Law Procedure Act, 1854, enables the defendant " in any cause in any of the Superior Courts, in which, if judgment were obtained,...relief by way of defence, and the said Courts are thereby empowered to receive such defence by way of plea, provided, &c." The statute does not say that... | |
 | Nova Scotia. Supreme Court - 1860 - 460 sidor
...1854, § 83, we read, " It shall be lawful for the defendant, or plaintiff in replevin, in any case in which, if judgment were obtained, he would be entitled to relief, on equitable grounds to plead, A:c." Even the old statute, 4 & 5 Anne, c. 16, § 4, enacts " the defendant,... | |
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Courts in which, if judgment were obtained, he would be entitled to relief against such judgment on equitable grounds, to plead the facts which entitle him to such relief by way of defence, and the said Courts are hereby empowered to receive such defence... 
