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Forms of Claims and Defences in the Courts of the Chancery Division of the High Court of Justice; With Notes Containing an Outline of the Law Relating

Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 Excerpt: ...however, there have been so many decisions at common law upon cases of nuisance, that the question--what is legal nuisance?--has become familiar to Courts of Equity; and, as a consequence, the tendency of equity was, even before the Judicature Acts, to grant injunctions much more frequently than formerly, ...
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Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 Excerpt: ...however, there have been so many decisions at common law upon cases of nuisance, that the question--what is legal nuisance?--has become familiar to Courts of Equity; and, as a consequence, the tendency of equity was, even before the Judicature Acts, to grant injunctions much more frequently than formerly, without putting the plaintiff to bring an action. Still, the principle remains untouched, that the jurisdiction in equity in the matter of nuisance, is purely in aid of a legal right; so that, if on a motion for an injunction to restrain the continuance of a nuisance, it could be shown by distinct authority that no action at law would lie, the Court of Chancery would refuse to interfere: and even if a substantial doubt could be raised as to the legal right of the complainant, he would have been put to establish his right to relief at law, before he could obtain an injunction (d). It is proposed in this note to discuss the remedies in equity by injunction; and in dealing with the authorities on the subject, it has been considered that the course most convenient and most useful to the reader, will be to give a somewhat full analysis of the cases; and then, so far as is practicable, to draw from them some general rules or principles. '(d) Note. This, it is presumed, will not be the course under the Tudicature Acts; as, according to clause 24 of the Act of 1873, and oiallv under sect. 7 of that clause; it seems, that in a case of eS'6 nee brought before a judge of the Chancery Division, the pUlsa, will have power to decide the legal claim of the plaintiff to Of Injunctions to restrain Nuisance by the Pollution of Rivers and other Waters. It may be observed, firstly, that the injunction granted by a Court of Equity in nuisance cases, is mostly prohibitory, the ...
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Product Details

  • ISBN-13: 9781150144318
  • Publisher: General Books LLC
  • Publication date: 5/28/2012
  • Pages: 60
  • Product dimensions: 7.44 (w) x 9.69 (h) x 0.12 (d)

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