 | Great Britain. Courts - 1864 - 446 pàgines
...been then brought forward, and ¡t may be said therefore that it ou^ht not now to be entertained ; but I find no authority for this position in civil suits, and no case was cited at the bar, nor hare I been able to find any in which a decree or dismissal of a former bill has been treated as a... | |
 | 1868 - 576 pàgines
...made strictly with reference to the case before him of " a decree of dismissal of a former bill and a new suit asking the same relief, but stating a different case giving rise to a different equity." So entirely different that (as the judgment points out) the evidence given in... | |
 | Bombay (India). High Court of Judicature, Bombay (Presidency). Supreme Court - 1872 - 776 pàgines
...that it ought not now to be entertained. But I find no authority for this position in civil suits j and no case was cited at the bar, nor have I been...relief, but stating a different case, giving rise to a different equity." We think this case must be remanded for a decision on the merits, and that the... | |
 | Bombay (India). High Court of Judicature, Bombay (Presidency). Supreme Court - 1875 - 354 pàgines
...adjudicated on previously. In Hunter, v.. Stewart (y) Lord Westbury said : " No case was cited at the \>&T, nor have I been able to find any in which a decree...relief, but stating a different case, giving rise to a different equity.'' With regard to the case of Dudsar Bibee v. Shakir Burlcunddz (h), I submit it... | |
 | John Westlake - 1880 - 380 pàgines
...have been then brought forward, and it may be said therefore that it ought not now to be entertained ; but I find no authority for this position in civil...relief, but stating a different case giving rise to a different equity:" Westbury, in Hunter v. Stewart, 18(51, 31 LJ, NS, Ch. 346, reversing Wood, 1 H.... | |
 | Francis Taylor Piggott - 1884 - 752 pàgines
...first, and might then have been brought forward. ' But a decree of dismissal of a former bill is not a bar to a new ' suit asking the same relief, but stating a different case giving rise ' to a different equity.' But Vice-Chancellor Wigram's proposition is that the whole relief must be prayed... | |
 | John Westlake - 1890 - 424 pàgines
...have then been brought forward, and it may be said therefore that it ought not now to be entertained ; but I find no authority for this position in civil...relief, but stating a different case giving rise to a different equity : " Westbury, in Hunter v. Stewart, 1861, 31 LJ, NS, Ch. 346, reversing Wood, 1... | |
 | Great Britain. High Court of Justice, Charles Francis Morrell - 1893 - 396 pàgines
...been then brought forward, and it may be said, therefore, that it ought not now to be entertained ; but I find no authority for this position in civil...former bill has been treated as a bar to a new suit seeking the same relief, but stating a different case giving rise to a different equity." The facts... | |
 | 1862 - 1066 pàgines
...have been brought forward; and it may be said, therefore, that it ought not now to be entertained; but I find no authority for this position in civil suits, and no case was cited at the bar, nor hnvo I been able to find any in which a decree of dismissal of a former bill has been treated as a... | |
 | Arthur Caspersz - 1909 - 834 pàgines
...been brought forward, and it may be said, therefore, that it ought not now to be entertained ; but 1 find no authority for this position in civil suits...former bill has been treated as a bar to a new suit seeking the same relief but stating a different case, giv1 Henderson v. Henderson, 3 Hare. 115 [18431.... | |
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and might have been then brought forward, and it may be said therefore that it ought not now to be entertained ; but I find no authority for this position in civil suits, and no case was cited at the bar, nor have I been able to find any, in which a... 
