Distinction between directing an issue and giving liberty to bring an action at law to try a legal right. In the former case, application for a new trial must be made in this Court, when all the proceedings at law will be examined; but in the latter, application for a new trial must be made to the Court of law, and this Court will look merely to the result of the action. In the latter case also, if there has been a marriage at law, relief, if any, cannot be obtained, upon the case coming on upon the equity reserved, without a petition.
Citations:
[1847] EngR 326, (1847) 10 Beav 581, (1847) 50 ER 706
Links:
Jurisdiction:
England and Wales
Wills and Probate
Updated: 22 May 2022; Ref: scu.300942
