 | Frank Rowley Parker - 1883 - 478 pages
...could be claimed, or not, 0. 25, r. 5. Declaratory Judgment or OrderAction or proceeding shall not be open to objection on the ground that a merely declaratory judgment or order is sought, 0. 25, r. 5. Decree — Included in the word judgment, § 100. See JUDGMENT —... | |
 | John Cunningham (barrister-at-law.), Sir Miles Walker Mattinson - Actions and defenses - 1884 - 848 pages
...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... | |
 | Nova Scotia - Court rules - 1884 - 794 pages
...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, 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... | |
 | Law reports, digests, etc - 1884 - 776 pages
...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... | |
 | Richard Hallilay - Equity pleading and procedure - 1884 - 358 pages
...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... | |
 | Sir George Osborne Morgan, Edward Albert Wurtzburg - Court rules - 1885 - 798 pages
...save expense, &o. Fictitious Mlit. Special casos. Lands Clauses Consequential ruliof. Annoiil 5. Xo 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... | |
 | William John Dixon - Executors and administrators - 1885 - 680 pages
...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, or not.* Ord. XXYI. r. 1. The plaintiff may, at any time before receipt of the defendant's... | |
 | John Indermaur - Civil procedure - 1885 - 412 pages
...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... | |
 | Sir George Osborne Morgan, Edward Albert Wurtzburg - Court rules - 1885 - 804 pages
...& 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... | |
 | Law reports, digests, etc - 1885 - 486 pages
...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... | |
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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. 
