I take it there is nothing in the law, as there is certainly nothing in the principles of equity, to estop the court from saying that the obligation to return the property transferred under these contracts is mutual, and shall not be enforced against... Cases on Restraint of Trade - Page 976by Bruce Wyman - 1903Full view - About this book
| Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1912 - 966 pages
...the parties a list of eighteen qualified jurors, from which each has the right to strike three, and it is the duty of the court, as far as possible, to see that, when the list is submitted, none but qualified jurors are on it. The fact that a juror's... | |
| Law reports, digests, etc - 1880 - 1956 pages
...vires, which has not been fully performed, is not estopped from pleading its own want of power when sued upon such contract ; but that doctrine does not apply...of the court, as far as possible, to place them in atatu quo. It has been held that even in cases at common law a contract ultra vires, made between a... | |
| Law reports, digests, etc - 1908 - 1118 pages
...sailor in extremis cannot be impugned." The Oregon, 158 US 186, 204, 15 Sup. Ct. 804, 39 L. Ed. 943. It is the duty of the court, as far as possible, to place itself in the position of the master and to endeavor to interpret the rules of navigation in the light... | |
| Law reports, digests, etc - 1881 - 1900 pages
...her course, rather than porting her helm as required. When two of these rules thus come in conflict, it is the duty of the court, as far as possible, to reconcile them, or so to interpret them that both shall stand. That can only be done in the present... | |
| James Simmons - Law reports, digests, etc - 1883 - 1066 pages
...exceeding a certain number. Id. 10. In an action claiming rights of pasture, or rights of a like nature, it is the duty of the court, as far as possible, to attribute a legal origin to such rights, where there is evidence of long continued user, but that duty... | |
| Law reports, digests, etc - 1884 - 1062 pages
...I take it there is nothing in the law, as there is certainly nothing in the principles of equit}', to estop the court from saying that the obligation...on the ground of its own want of power. Bradley v. Bullard, 55 III., 417. And in the case of Thomas v. Railroad Co. (supreme court US), already quoted... | |
| John Mews - Law reports, digests, etc - 1884 - 1242 pages
...46 LJ, Ch. 718 ; 37 LT 493. In an action claiming rights of pasturage, or rights of a like nature, it is the duty of the court, as far as possible, to attribute a legal origin to such rights, where there is evidence of long-continned user, but that duty... | |
| Law reports, digests, etc - 1885 - 906 pages
...against one of the parties without being at the same time enforced against the other. As the partios and subjectmatter are now before the court, it is the...court, as far as possible, to place them in statu quo." The ruling in that case was that the railroad company should bo restrained by injunction from interfering... | |
| Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1900 - 1204 pages
...legislative intent. Page 199. Effect is to be given, if possible, to every clause and section of it, and it is the duty of the court, as far as possible, to reconcile the different provisions so as to make the whole act consistent and harmonious. Page 201.... | |
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