| 1919 - 740 sider
...real complaint of the respondents was the failure to ship the goods. That clearly was not a contract which, according to the terms thereof, ought to be performed within the jurisdiction. It was a mere device to put forward as the substantial complaint the withholding of paper symbols which... | |
| Frederick Pollock - 1907 - 628 sider
...(f), which gives the court or a judge power to allow service of a writ out of the jurisdiction where "any injunction is sought as to anything to be done within the jurisdiction," and that, in any event, regard should be had (under Order xi. r. 2) to the comparative cost or convenience... | |
| 1904 - 1152 sider
...to bring a case within the order allowing service out of the jurisdiction where the contract is one which "according to the terms thereof" ought to be performed within the jurisdiction, it is not necessary that there should be an express provision in the contract as to the place of performance.... | |
| Sydney Peel - 1883 - 378 sider
...83, p. 76 ; 48 LT 755. trustee, which ought to be executed according to the law of England ; or (e.) The action is founded on any breach or alleged breach...or ordinarily resident in Scotland or Ireland ; or (/.) Any injunction is sought as to anything to be done within the jurisdiction, or any nuisance within... | |
| Augustine Robert Whiteway - 1883 - 904 sider
...action is founded on any breach or alleged Breach of breach within the jurisdiction of any contract contract, wherever made, which, according to the terms...or ordinarily resident in Scotland or Ireland ; or (/.) Any injunction is sought as to anything to be done injuncwithin the jurisdiction, or any nuisance... | |
| Robert William Andrews - 1883 - 792 sider
...person to be served is a trustee, which ought to be executed according to the law of England ; or (e.) The action is founded on any breach or alleged breach...any contract wherever made, which, according to the terras thereof, ought to be performed within the jurisdiction, unless the defendant is domiciled or... | |
| Walter Cook Spens - 1884 - 122 sider
...out of the jurisdiction of a writ of summons may be allowed by the Court or a Judge whenever— " (e) The action is founded on any breach or alleged breach...or ordinarily resident in Scotland or Ireland ; or "(/) Any injunction is sought as to anything to be done within the jurisdiction, or any nuisance within... | |
| 1884 - 632 sider
..."service out of the jurisdiction of a writ of summons may be allowed by the Court or a Judge whenever the action is founded on any breach or alleged breach...any contract wherever made which according to the true terms thereof ought to be performed within the jurisdiction unless the defendant is domiciled... | |
| Francis Taylor Piggott - 1884 - 752 sider
...i (e), that the writ shall issue ' whenever the action is founded on any breach or alleged breach ' of any contract wherever made, which according to...thereof, ought to be performed within the jurisdiction.' jmu,,Ly In ex parte Blain, re Sawers, Lord Justice James most clearly exp-.Biam, expounded the principles... | |
| Richard Hallilay - 1884 - 358 sider
...served is a trustee, and which ought to be executed according to the law of England ; or (5.) When the action is founded on any breach or alleged breach within the jurisdiction of a contract wherever made, which, according to its terms, ought to be performed within the jurisdiction,... | |
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