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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'. "
Reports of Cases Decided in the Court of Chancery of the State of New Jersey - Page 543
by New Jersey. Court of Chancery - 1882
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A Selection of Leading Cases in Equity: With Notes, 3. köide

Frederick Thomas White, Owen Davies Tudor - 1859 - 760 lehte
...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...
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The Law of Injunctions

Francis Hilliard - 1865 - 666 lehte
...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...
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Reports of Cases Adjudged in the High Court of Chancery: By the ..., 4. köide

Great Britain. Court of Chancery, John Walter de Longueville Giffard - 1869 - 772 lehte
...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...
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A Selection of Leading Cases in Equity: With Notes, 2. köide,2. osa

Frederick Thomas White, Owen Davies Tudor - 1877 - 1278 lehte
...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...
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An Historical Sketch of the Equitable Jurisdiction of the Court of Chancery ...

Duncan Mackenzie Kerly - 1890 - 328 lehte
...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...
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Handbook of Equity Jurisprudence

Norman Fetter - 1895 - 490 lehte
...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...
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Falstaff and Equity: An Interpretation

Charles Edward Phelps - 1901 - 230 lehte
...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...
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The Federal Reporter: Cases Argued and Determined in the ..., 223–224. köide

1915 - 2172 lehte
...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...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1916 - 724 lehte
...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...
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A History of English Law, 1. köide

Sir William Searle Holdsworth - 1922 - 776 lehte
...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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