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" Generally in all matters not hereinbefore particularly mentioned, in which there is any conflict or variance between the rules of equity and the rules of common law with reference to the same matter, the rules of equity shall prevail. "
A Treatise on Equity Jurisprudence: As Administered in the United States of ... - Page vi
by John Norton Pomeroy - 1881
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The Supreme Court of Judicature Act, 1873: With Rules of Procedure ..., Page 941

Great Britain, Thomas Preston - Civil procedure - 1873 - 244 pages
...of Conflict not enumerated. (11.) Generally in all matters not hereinbefore particularly mentioned, in which there is any conflict or variance between the Rules of Equity and the Etiles of the Common Law with reference to the same matter, the Rules of Equity shall prevail. PAET...
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An Introduction to the Final Examination: Being a Collection of ..., Volume 1

Henry Foulks Lynch - Law - 1874 - 460 pages
...necessities, she is entitled to be reimbursed out of his estate; but the SCJ Act, 1873, provides that when there is any conflict or variance between the rules of equity and the rules of common law with reference to the same matter the rules of equity shall prevail. If property be given...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 8

Law - 1874 - 440 pages
...before the Court of Appeal, shall be restrained by prohibition or injunction." And where there is a conflict or variance between the rules of equity and the rules of common law with reference to the same matter, the rules of equity shall prevail. Practically, for purposes...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 8

Law - 1874 - 450 pages
...before the Court of Appeal, shall be restrained by prohibition or injunction." And where there is a conflict or variance between the rules of equity and the rules of common law with reference to the same matter, the rules of equity shall prevail. Practically, for purposes...
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The Theory and Practice of Banking, Volume 1

Henry Dunning Macleod - Banks and banking - 1875 - 508 pages
...the same section, which says — " Generally in all matters not herein before particularly mentioned, in which there is any conflict or variance between the Rules of Eqnity and the Kules of the Common Law with reference to the same matter, the Rules of Equity shall...
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The Theory and Practice of Banking, Volume 2

Henry Dunning Macleod - Banks and banking - 1876 - 648 pages
...the provisions of the Acts for the relief of trustees. 36 & 37 Yiot. (1873), ch. 66, 8. 25, § 6. " Generally in all matters in which there is any conflict or variance between the Eules of Equity and the Rules of the Common Law with reference to the same matter, the rules of Equity...
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The Practice of the Supreme Court of Judicature and of the House of Lords on ...

Charles Locock Webb - Procedure (Law) - 1877 - 898 pages
...all other matters not particularly defined by sub-sections 1 to 10 of section 25 of the Act of 1873, in which there is any conflict or variance between...rules of the common law, with reference to the same rules, have now the force and effect of statute law. [See Act 1873, sect. 25, subsect 11.] It would...
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The Student's Blackstone: Being the Commentaries on the Laws of England of ...

William Blackstone - Law - 1877 - 640 pages
...jurisdiction in controverted elections. But in every civil cause in any division of the High Court in which there is any conflict or variance between the rules of equity and the rules of law, the rules of equity prevail. Looking upon these changes as only the first steps towards a reorganization...
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The Principles of Equity: Intended for the Use of Students and the Profession

Edmund Henry Turner Snell, Archibald Brown - Equity - 1878 - 940 pages
...be administered concurrently ; and that in all matters not particularly mentioned in the Act, where there is any conflict or variance between the rules of equity and the rules of the common law, the rules of equity shall prevail (u). But by the 34th section of the same Act, it is expressly enacted...
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Report of the ... Annual Meeting of the American Bar Association, Volume 37

American Bar Association - Bar associations - 1912 - 1266 pages
...Judicature Act of 1875, which says: "Generally in all matters not hereinbefore particularly mentioned, in which there is any conflict or variance between the rules of equity and the rules of common law with reference to the same matter, the rules of equity shall prevail." In his twelfth lecture...
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