 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.  Law Notes - Pagina 461921Vizualizare completă - Despre această carte
 | Nova Scotia - 1884 - 794 pagini
...action to be stayed or dismissed, or judgment to be entered accordingly, as may be just. (E. 288.) 5. No action or proceeding shall be open to objection,...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(,... | |
 | Richard Hallilay - 1884 - 358 pagini
...at once on the materials 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... | |
 | John Cunningham (barrister-at-law.), Sir Miles Walker Mattinson - 1884 - 848 pagini
...dismissed, or judgment to be entered accordingly, as may be just ; " but it is provided by the next rule. " No 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 declarations of right whether any consequential... | |
 | 1884 - 776 pagini
...that no suit shall lie in which a merely declaratory order or decree is sought, but that " no suit shall be open, to objection, on the ground that a merely declaratory order or decree is sought thereby ;" and I do not think it was the intention of the Legislature to... | |
 | Sir George Osborne Morgan, Edward Albert Wurtzburg - 1885 - 798 pagini
...save expense, &o. Fictitious Mlit. Special casos. Lands Clauses Consequential ruliof. Annoiil 5. Xo action or proceeding shall be open to objection, on...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... | |
 | Robert William Andrews - 1885 - 872 pagini
...(Buritall v. Beyfui, 26 Ch. D. 35. A). 5. No action or proceeding shall be open to objec- Declaratory tion on the ground that a merely declaratory judgment or...consequential relief is or could be claimed or not. Where the interest of the parties to a special case were not of such a nature as to give jurisdiction... | |
 | John Indermaur - 1885 - 412 pagini
...Walford, 32, WR 379; WN (1384) 87. It is specially provided that no action or pro- Claim for ceeding 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 of right, whether any consequential relief... | |
 | William John Dixon - 1885 - 680 pagini
...entered accordingly, as may bo just. 5. No action or proceeding shall be open to objection, on tho ground that a merely declaratory judgment or order is sought thereby, and tho court may make binding declarations of right whether any consequential relief is or could bo claimed,... | |
 | 1885 - 486 pagini
...the power thereby conferred would be objectionable, the words of the sections being :— " No suit shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and it shall be lawful for the Civil Courts to make binding declarations... | |
 | Sir George Osborne Morgan, Edward Albert Wurtzburg - 1885 - 804 pagini
...& 16 Viet. c. 86, s. 50 (now repealed), which provided as follows : — " No suit in the said Court shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and it shall be lawful for the Court to make binding declarations... | |
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