 | Frederick Thomas White, Owen Davies Tudor - 1859 - 760 էջ
...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 - 1865 - 666 էջ
...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 - 1869 - 772 էջ
...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 - 1877 - 1278 էջ
...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 - 1890 - 328 էջ
...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 - 1895 - 490 էջ
...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 - 1901 - 230 էջ
...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... | |
 | 1915 - 2172 էջ
...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... | |
 | 1916 - 724 էջ
...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 - 1922 - 776 էջ
...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'. 
