 | 1921 - 496 pages
...American Law Review, No. 2, p.173. (3) 15 and 16 Vic., chap.86. sec. 50. promulgated and it provided : "No action or proceeding shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and the court may make binding declarations of... | |
 | Augustine Robert Whiteway - 1883 - 904 pages
...be stayed or dismissed, or judgment to be entered accordingly, as may be just. Cf. 0. 19, r. 27. *5. No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, anil the Court may make binding declarations... | |
 | John Cunningham (barrister-at-law.), Sir Miles Walker Mattinson - 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... | |
 | Nova Scotia - 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... | |
 | Sir George Osborne Morgan, Edward Albert Wurtzburg - 1885 - 804 pages
...save expense, &c. Fictitious Miit. Special cases. Lands Clauses Act. Consequential relief. Appeal. 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... | |
 | Sir George Osborne Morgan, Edward Albert Wurtzburg - 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... | |
 | Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1886 - 846 pages
...granting consequential relief. Last session our Legislature, by 48 Viet., ch. 13 t sec. 5, enacted : " 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... | |
 | 1890 - 792 pages
...brought under the authority of section 5'2, sub-section 5 of the Judicature Act, which provides that " 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... | |
 | Sir Henry Wilmot Seton - 1891 - 1018 pages
...repealed by 46 & 47 V. c. 49 (Sched.), but is in substance re-enacted by O. xxx,v. 8. By O. xxv. 5, " no action or proceeding shall be open to objection on the ground that a mere declaratory judgment or order is sought thereby, and the Court may make binding declarations of... | |
 | Ontario. High Court of Justice - 1891 - 816 pages
...no doubt intended as an amendment of the law as expressed in Order 538, above referred to. It is, " No action or proceeding shall be open to objection on the ground that merely a declaratory judgment or order is sought thereby, and the Court may 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. 
