 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 of any negligence...  The Central Law Journal - Page 4091899Full view - About this book
 | Joseph Story - 1839 - 658 pages
...intended, not merely inevitable casualty, or the act of Providence, or what is technically called vis major, or irresistible force; but such unforeseen...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 pages
...affect any covenant. 1 NJ Rev. C. 210. ACCIDENT, practice. This term in chancery practice, signifies such unforeseen events, misfortunes, losses, acts...are not 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... | |
 | James Philemon Holcombe - 1846 - 376 pages
...relief in Equity? By accident is intended, not merely inevitable casualty, or the act of Providence, or irresistible force, but such unforeseen events,...are not 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 pages
...word, is not me i-ly inevitable casualty, or the act of Providence, or what is technically called vis major, or irresistible force ; but such unforeseen...are not 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... | |
 | Robert Henley Eden Baron Henley - 1852 - 680 pages
...intended not merely inevitable casualty, or the act of Providence, or what is technically called vis major, or irresistible force ; but such unforeseen...are not the result of any negligence or misconduct in the party." Formerly there could be no remedy on a lost bond in a court of common law, because there... | |
 | Asa Kinne - 1853 - 538 pages
...Wheaton, 111. ACCIDENT. I. What does the term accident signify in chancery practice \ It signifies such unforeseen events, misfortunes, losses, acts,...are not 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... | |
 | John Bouvier - 1854 - 756 pages
...of the second kind. (b) The term accident in chancery practice has a different meaning; it signifies such unforeseen events, misfortunes, losses, acts...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 ; 2, when it will... | |
 | Henry Thurstan Holland, Thomas Chandler, Charles Edward Pollock - 1854 - 380 pages
...intended not merely inevitable casualty or the act of providence, or what is technically called vis major, or irresistible force ; but such unforeseen...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 pages
...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,...are not 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... | |
 | John Bouvier - 1855 - 768 pages
...of the second kind. (6) The term accident in chancery practice has a different meaning; it signifies such unforeseen events, misfortunes, losses, acts...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 ; 2, when... | |
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