 | Frederick Thomas White, Owen Davies Tudor - Equity - 1859 - 760 pages
...remainder ?) By all which cases it appeareth, that when a judgment is obtained by oppres,ion, wrong, and a hard conscience, the Chancellor will frustrate and set it aside, not fur any error or defect in the judgment, but for the hard conscience 1 11 Co. 79 ; 1 Roll. Rep. 177... | |
 | Francis Hilliard - Injunctions - 1865 - 666 pages
...judgment is obtained by oppression, wrong, and a hard conscience, the Chancellor will frustrate it and set it aside, not for any error or defect in the...judgment, but for the hard conscience of the party."* And the general rule is laid down, that equity will grant relief against a judgment, which is against... | |
 | Great Britain. Court of Chancery, John Walter de Longueville Giffard - Equity - 1869 - 772 pages
...and a hard conscience THORNTON the Chancellor will prostrate and set it aside, not for any RAMS DEN error or defect in the judgment, but for the hard conscience of the partiI.''' Argument. J ry In the East India Company v. Vincent(a ) Lord Hardwicke says, " There are... | |
 | Frederick Thomas White, Owen Davies Tudor - Equity - 1877 - 1278 pages
...that when a judgment is obtained by oppression, wrong, and a hard conscience, the Chancellor ivill frustrate and set it aside, not for any error or defect in the judgment, but for (he hard conscience of the party ; and that, in such cases, the Judges also play the Chancellors; and... | |
 | Duncan Mackenzie Kerly - Equity - 1890 - 328 pages
...stated the conclusion to be drawn from them thus: "When a judgment is obtained by oppression, wrong, and a hard conscience, the Chancellor will frustrate and...aside, not for any error or defect in the judgment, but \, Jbr the hard conscience of the party."/ A second objection was made that this judgment was grounded... | |
 | Norman Fetter - Equity - 1895 - 490 pages
...Chancellor Ellesmere stated the rule to be: ''Where a judgment is obtained by oppression, wrong, and a hard conscience, the chancellor will frustrate and...judgment, but for the hard conscience of the party." Soon after this decision, the common.law judges, led by Lord Coke, made an ineffectual attempt to put... | |
 | Charles Edward Phelps - Equity - 1901 - 230 pages
...doctrine which has ever since prevailed, that " where a judgment is obtained by oppression, wrong, and a hard conscience, the chancellor will frustrate and...judgment, but for the hard conscience of the party." 4 Through the efforts of Bacon and Ellesmere, this doctrine was finally established by a prerogative... | |
 | Law reports, digests, etc - 1915 - 2172 pages
...saving against the king's prerogative." And that: "When a judgment Is obtained by oppression, wrong, and a hard conscience, the chancellor will frustrate and...judgment, but for the hard conscience of the party." By which he simply meant that a court of equity would prevent a party from taking advantage of a judgment... | |
 | Appellate courts - 1916 - 724 pages
...saving against the king's prerogative." And that: "When a Judgment is obtained by oppression, wrong, and a hard conscience, the chancellor will frustrate and...judgment, but for the hard conscience of the party." By which he simply meant that a court of equity would prevent a party from taking advantage of a judgment... | |
 | Sir William Searle Holdsworth - Law - 1922 - 776 pages
...enforcement an injunction had been issued. Not, as Lord Ellesmere explained in the Earl of Oxforcfs Case, " for any error or defect in the judgment, but for the hard conscience of the party." He pointed out, in the same case, that by writs of audit a querela the judges did in some cases " play... | |
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when a judgment is obtained by oppression, wrong and a hard conscience, the Chancellor will frustrate and set it aside, not for any error or defect in the judgment, but for the hard conscience of the party'. 
