 No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed, or not.  The Central Law Journal - Page 1701921Full view - About this book
 | William Leggo - 1876 - 1110 pages
...consequential relief;3 but now no suit is open to objection on the ground that a mere declaratory decree is sought thereby ; and the Court may make binding declarations of right without granting consequential relief.4 It seems, however, that the cases in which declarations of... | |
 | Tennessee Bar Association - 1914 - 1764 pages
...that a merely declaratory judgment, oecree or order is sought thereby, and the court may make bind"Og declarations of right whether any consequential relief Is or could be claimed, or not. ТЬеве statutes of Florida, Wisconsin and Michigan have been so Ug ty enacted that, so far as the... | |
 | Robert William Andrews - 1883 - 792 pages
...action or proceeding shall be open to objectjon Qn tjie groun({ tnat a mereiy declaratory judgment or order is sought thereby, and the Court may make...consequential relief is or could be claimed or not. XXIII. I. By notice before defence. ORDER XXVI. DISCONTINUANCE. The first Rule has been slightly altered,... | |
 | Augustine Robert Whiteway - 1883 - 904 pages
...open to objection, on the ground that a merely declaratory judgment or order is sought thereby, anil the Court may make binding declarations of right,...consequential relief is or could be claimed or not. Ridct 1—6 indwrite are new. Ch. Pro. Act, 1852, s. 50. Order XXVI. ORDER XXVI. DISCONTINUANCE. Before... | |
 | Sydney Peel - 1883 - 378 pages
...objection on the ground Declaratory . decree. that a merely declaratory judgment or order is sought, but the Court may make binding declarations of right, whether any consequential relief is claimed or not. (J) The power to stay or dis- is new. miss frivolous or vexatious actions CHAPTER XXI.... | |
 | Nova Scotia - 1884 - 794 pages
...No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make...consequential relief is or could be claimed or not. (E. 289.) ORDER XXVI. DISCONTINUANCE. 1. The plaintiff may at any time before receipt of theplaint^¿vdi(,... | |
 | John Cunningham (barrister-at-law.), Sir Miles Walker Mattinson - 1884 - 848 pages
...action or proceeding shall be open to objection on the ground that a merely declaratory judgment ororder is sought thereby, and the Court may make binding...consequential relief is or could be claimed or not." (II. .">.) The Defence when settled must be signed by counsel. There are several courses o]icn to a... | |
 | Richard Hallilay - 1884 - 358 pages
...before the court. (6) No action or proceeding is open to objection because a merely declaratory judgment or order is sought thereby, and the court may make binding declarations of right without granting consequential relief, (c) As to the mode of proceeding when the defendant fails to... | |
 | Sir George Osborne Morgan, Edward Albert Wurtzburg - 1885 - 798 pages
...Xo action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make...consequential relief is or could be claimed, or not 7). П~, This ride is taken from the Chancery Procedure Act, 14.52, 15*16 Viet. c. 86, §. 60 'now... | |
 | John Indermaur - 1885 - 412 pages
...shall be open to objection on the ground that a merely declaratory judgment or order is sought allowed, thereby, and the Court may make binding declarations...consequential relief is or could be claimed or not (u). Most defences have existed before action brought ; Defences but sometimes a defence may arise... | |
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