A Treatise on Injunctions and Other Extraordinary Remedies: Covering Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari Or Review : Containing an Exposition of Principles Governing These Several Forms of Relief, and Their Practical Use : with Citations of All the Authorities to Date, Τόμος 1

Εξώφυλλο
Little, Brown, 1901 - 1894 σελίδες
 

Περιεχόμενα

Payment over to Preferred Creditors 545 Transfer under Execution
66
Arbitration Proceed
96
Same Against the Judgment
100
ILLUSTRATIONS OF THE JURISDICTION
140
SameNo Jurisdiction of Subject
157
Injunction against Part of Judgment 171 Relief on Terms and Conditions on Part Payment 172 Same Payment into Court
169
Same
170
In Favor of Garnishee
172
Purprestures and Nuisances upon 430 Offensive Smells Water
173
Tender of Lien of Judgment for Part
179
EFFECT UPON PARTIES AND PROCEEDINGS IN LAW Court 173 Effect upon Status 174 SameDeath of Party Lien Pay ment pending Injunction...
181
Effect upon other Litigation between Parties 176 Whether Judgment a Release of Errors
183
Injunction pending Appeal 178 Effect upon Execution
184
Effect upon Plea of Statute of Limita tions
185
CHAPTER IV
186
Unrecorded Conveyance Subsequent Creditors
190
Failure of Title to Mortgaged School Lands 189 Jurisdiction in Actions of Ejectment
191
SameMining Property Mistake in Grant from State 191 Same Particular Relations 192 Same
192
Modified and Temporary Re lief 193 Between Tenants in Common
193
Fraudulent Transfer Cloud on Title
194
Same Pendente Lite 196 Sale of Homestead
195
Void Execution Sale Cloud on Title
196
Circumstances justifying Interference
197
Same Sale of Lands of Married Woman for Judgment Debt of Husband
199
Restraining Execution of Deed under Fraudulent and Void Tax Sale
200
Relief on Ground of Accident II TO PROTECT POSSESSORY RIGHTS 202 Narrow Limits of the Jurisdiction 203 General Principles 204 When Le...
201
Nature of Injury warranting Relief
209
Husbands Possession of Wifes Prop erty 217 Interference with Execution of Writ of Possession 218 No Interference with Legitimate Use of Property
211
Scope of the Subject 220 Definitions Establishment of Right 221 Obstructions to Right of Way General Principles 221 a Employment of the Remedy...
212
TO PREVENT DESTRUCTION OF AND INJURY TO SUBSTANCE OR 238 Defined WASTE and distinguished from 254 Removal of Timber alre...
231
SameGrounds of the Jurisdiction 243 What required to justify Injunction
234
Single Instance of Waste will warrant Interference
235
Acts which will be enjoined as Waste
236
Title of Complainant
237
Title in Dispute
239
SameSolvency of Defendant Con test pending in Government Land Office
240
Remedy at Law 250 Injunction refused where Legal Rem edy is adequate 251 Cutting Timber
241
SameCompelling Timber to be felled 253 Timber planted for Ornament
243
Waste on Mining Property
245
Threatened Waste
246
Equitable Waste 258 Pending Litigation
247
Pending Appeal 260 Waste in Park Keeping up Herd of Deer
248
On Government Land 262 Waste by Lessee
249
Merely Nominal Waste not enjoined
250
Tenant for Life
251
Neither Smallness nor Remoteness of Interest material 266 In Favor of Mortgagees
252
Against Vendee in Possession 268 Against Grantor in Possession
254
Waste beyond Jurisdiction of Court enjoined 270 Purchaser at Judicial Sale
255
Judgment Creditors 272 Attaching Creditor
256
TO PREVENT ILLEGAL TAKING AND INJURY UNDER CLAIM OF 273 General Principles PUBLIC RIGHT 274 Relief against taking by Railroa...
257
Trespass under Color of Condemna 362 Requiring Bonds
265
When Injunction granted to Railroad Company 295 Taking for Highway
272
No injunction against the Proceeding to condemn 297 Effect of Refusal to enjoin 298 Effect of Conditional Injunction
273
CHAPTER V
274
ervoir
293
Maintenance of Dam a Continuing Wrong
294
Subterraneous Streams 329 Title of Complainant
295
Title by Prescription 331 Diligence in seeking Relief
296
No Estoppel without Knowledge of Adverse User
297
Title in Dispute 334 Remedy at
298
Complications requiring Trials in Law Court
299
CHAPTER VI
300
Destruction of Buildings and Fixtures
311
Tearing down and removing Fences 351 Removal of Stone Asphaltum
312
Making Excavations Constructing Tunnels
313
Trespass upon Public Works
314
CHAPTER VII
330
Motives of Defendant not important
362
Bridge across Navigable Stream 421 Railroad in Street or in Public High
366
Side Track in Street Unloading Cars 423 Obstructions in Street or Highway
368
Telephone Poles and Wires in Street
369
CHAPTER VIII
379
Fraudulent Assignment of Satisfied Mortgage
388
Cloud on Title to Mortgaged Property
389
No Relief against Valid Tax Sale 461 Waste by Mortgagor 462 Interference of Mortgagors Creditors
390
Disputes concerning Senior and Junior Mortgages Ownership of Mortgage 464 Interference with Receiver
391
Interference with Chattel Mortgages
392
Allegations and Evidence
393
Relief on terms and Conditions
394
CHAPTER IX
395
PRINCIPLES APPLIED TO VARIOUS KINDS OF CONTRACTS
412
PERTAINING TO CREDITORS AND TRANSFERS
440
Transfer of Personalty pendente lite
448
tracts
452
Pertaining to Negotiable Promissory
458
Violation of Implied Terms enjoined
477
PERTAINING TO PARTNERSHIP
488
599 Dissolution Injunction and Receiver 604
497
AGAINST PUBLIC OFFICERS
503
Same Other Bodies
514
Same Subject Relief granted
520
Creditors seeking Undue Advantage
521
Removal of County Seat
527
Same Creditors residing in Different
531
Same
535
SameRemedy extends to prevent
537
Same
539
Same Personalty required to ope
547
Conditions of granting Relief
553
664 Relief granted where Extrinsic Evi 670 When not granted prior to making
555
General Ground of Jurisdiction
557
CHAPTER XVI
563
632
575
Defence of res adjudicata
586
B IN ACTIONS TO RESTRAIN WRONGS SPECIALLY INJURIOUS TO INDIVIDUALS
603
PERTAINING TO PRIVATE CORPORATIONS
612
To what Extent Corporate Elections
624
Equitable Owner may
630
PERTAINING TO INTERESTS OF THIRD PARTIES IN MANAGEMENT
642
Exclusive Right not protected in
651
Same Subject Disputed Right
657
PATENTS
668
Same Subject Illustrations
674
Effect of Decision in Interference
680
Same Threatened Infringement
689
Time of granting and Form of Relief
695
COPYRIGHTS
706
Taking Quotations and Extracts
712
Opinions of Judges and Official
724
Previous Establishment of Right
731
LIBELLOUS PRINTS
734
Unauthorized Publication by Depos itary 886 General View 887 Use of Authors Name without Au thority
740
CHAPTER XX
746
Further as to what entitled to Protec tion as a Trademark
749
Names of Articles and Generic Terms not protected
750
Form of Product and Style of Work manship not protected 895 Name as Trademark
752
Fraudulent Use of ones own Name
754
Names of Newspapers and Periodicals
755
Trade Name
756
Name of Locality
759
Street Number 901 Combinations of Letters of Alphabet
760
Designs adopted by Tradesunions 903 Complainants Title
761
Doubt as to Title or Nature of Injury 905 No Relief where alleged Trademark itself a Fraud on Public
762
Diligence in seeking Relief
763
DECEPTION OF PUBLIC 907 What constitutes Infringement 908 Same Subject Infringing Imita tions 909 Same Subject Illustrations 910 Aiding a...
764
CHAPTER XXI
777
Obstruction of Interstate Commerce and Mails
785
CHAPTER XXIII
796
Costs and Expenses of Litigation
805
Reference to compute Damages
812
Defences not allowable
818
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Δημοφιλή αποσπάσματα

Σελίδα 330 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Σελίδα 59 - ... petitioner. Such an injunction shall not be granted before the final order in the special proceeding, except in a case where an injunction would be granted to stay the proceedings, in an action of ejectment, brought by the petitioner, and upon the like terms...
Σελίδα 11 - A mandamus or an injunction may be granted or a receiver appointed by an interlocutory order of the court in all cases in which it shall appear to the court to be just or convenient that such order should be made; and any such order may be made either conditional or upon such terms and conditions as the court shall think just...
Σελίδα 478 - ... he has a property in it, which a court of chancery will protect against one who in violation of contract and breach of confidence undertakes to apply it to his own use, or to disclose it to third persons.
Σελίδα 335 - It is not every case which will furnish a right of action against a party for a nuisance which will justify the interposition of courts of equity to redress the injury or to remove the annoyance. ]>ut there must be such an injury as from its nature is not susceptible of being adequately compensated by damages at law, or such as, from its continuance or permanent mischief, must occasion a constantly recurring grievance which cannot be otherwise prevented but by an injunction.
Σελίδα 276 - Every proprietor, who claims a right either to throw the water back above, or to diminish the quantity of water, which is to descend below, must, in order to maintain his claim, either prove an actual grant or license from the proprietors affected by his operations, or must prove an uninterrupted enjoyment of twenty years...
Σελίδα 8 - Writs of error, and appeals from the final decisions of said supreme court, shall be allowed, and may be taken to the .supreme court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States...
Σελίδα 773 - But when the trade-mark is affixed to articles manufactured at a particular establishment, and acquires a special reputation in connection with the place of manufacture, and that establishment is transferred either by contract or operation of law to others, the right to the use of the trade-mark may be lawfully transferred with it. "Its subsequent use by the person to whom the establishment is transferred, is considered as only indicating that the goods to which it is affixed are manufactured at...
Σελίδα 749 - No one can claim protection for the exclusive use of a trade-mark or trade-name which would practically give him a monopoly in the sale of any goods other than those produced or made by himself.
Σελίδα 104 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a Court of Chancery.

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