 By the term accident is here intended, not merely inevitable casualty, or the act of Providence, or what is technically called vis major, or irresistible force ; but such unforeseen events, misfortunes, losses, acts, or omissions, as are not the result...  The Law of Injunctions - Страница 266по Francis Hilliard - 1865 - 597 странициПълен достъп - Информация за книгата
 | Joseph Story - 1839 - 658 страници
...consider the cases where the jurisdiction arises from accident. By the term accident is here intended, not merely inevitable casualty, or the act of Providence,...losses, acts, or omissions, as are not the result of any negli1 See Jeremy on Eq. Jurisd. 292; Id. 307 ; 3 Woodes. Lect. hi., p. 397, &c.; Beames, Eq. PI. ch.... | |
 | John Bouvier - 1843 - 752 страници
...affect any covenant. 1 NJ Rev. C. 210. ACCIDENT, practice. This term in chancery practice, signifies such unforeseen events, misfortunes, losses, acts...the result of any negligence or misconduct in the party. Francis's Max. M. 120, p. 87; 1 Story onEq. §78. Jeremy defines it as used in courts of equity,... | |
 | James Philemon Holcombe - 1846 - 376 страници
...relief in Equity? By accident is intended, not merely inevitable casualty, or the act of Providence, or irresistible force, but such unforeseen events,...the result of any negligence or misconduct in the party.1 Courts of Equity will relieve in cases of accident, where a party would thereby be deprived... | |
 | John Jane Smith Wharton - 1848 - 726 страници
...jurisdiction, concurrent with Courts of Law. The Equity meaning to be attached to this word, is not me i-ly inevitable casualty, or the act of Providence, or...the result of any negligence or misconduct in the party. It is not every case of accident, which will justify the interposition of a Court of Equity.... | |
 | Robert Henley Eden Baron Henley - 1852 - 680 страници
...entirely accurate. Mr. Story (1 Story Eq. Juris, sec. 78,) says of accident : "By this term is intended not merely inevitable casualty, or the act of Providence,...; but such unforeseen events, misfortunes, losses, nets or omissions, as are not the result of any negligence or misconduct in the party." The jurisdiction... | |
 | Asa Kinne - 1853 - 538 страници
...Wheaton, 111. ACCIDENT. I. What does the term accident signify in chancery practice \ It signifies such unforeseen events, misfortunes, losses, acts,...the result of any negligence or misconduct in the party. —Francis' Maxim, M. 120, p. 87. 1 Story on Equity, § 78. Jeremy defines it, as used in courts... | |
 | Henry Thurstan Holland, Thomas Chandler, Charles Edward Pollock - 1854 - 380 страници
..."accident," but perhaps the one adopted by Mr. Justice Story is the best. " By accident is intended not merely inevitable casualty or the act of providence,...losses, acts, or omissions, as are not the result of negligence or misconduct in the party." Story's Eq. Jur. § 78. Formerly Equity was called upon to... | |
 | United States. Supreme Court - 1854 - 600 страници
...Story's Eq. § 78, note 3. By the term accident, is here intended not merely inevitable casualty, &c., but such unforeseen events, misfortunes, losses, acts,...the result of any negligence or misconduct in the party. Story's Eq. § 78. It may be stated, generally, that where an inequitable loss or injury will... | |
 | John Bouvier - 1854 - 756 страници
...of the second kind. (b) The term accident in chancery practice has a different meaning; it signifies such unforeseen events, misfortunes, losses, acts...are not the result of any negligence or misconduct of the party. (c) The cases of accident may be classed as follows : 1, when relief will be granted... | |
 | Iowa. Supreme Court - 1858 - 708 страници
...ancient branch of equitable jurisdiction ; and by this term, in the language of Mr. STORY, " is intended, not merely inevitable casualty, or the act of Providence, or what is technically called vis major, or inevitable force, but such unforeseen events, misfortunes, losses, acts, or omissions, as are not the... | |
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