 | Joseph Story - 1838 - 660 страници
...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... | |
 | Alabama. Supreme Court - 1877 - 714 страници
...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;... | |
 | 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 страници
...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,... | |
 | 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 страници
...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... | |
 | 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 страници
...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.... | |
 | John Adams - 1852 - 816 страници
...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,... | |
 | 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 страници
...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,... | |
 | Connecticut. Supreme Court of Errors - 1892 - 664 страници
...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... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 588 страници
...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... | |
 | North Carolina. Supreme Court - 1876 - 886 страници
...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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Even in cases where all of these requirements are present, specific performance is not a matter of right, but rests in the sound discretion of the court, to be determined from all the facts and circumstances of the particular case. 
