Handbook of Equity Jurisprudence
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Handbook of Equity Jurisprudence

Handbook of Equity Jurisprudence


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About the Book

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER II. GENERAL PRINCIPLES GOVERNING THE EXERCISE OF EQUITY JURISDICTION. 6. Equity and the Common Law. 6. Equity Jurisdiction Denned. 7. Exercise of Equity Jurisdiction. 8. Adequate Remedy at Law. 9. Muitiplicity of Suits. 10. Retention of Jurisdiction to Award Complete Relief. 11. Effect of Acquisition by Courts of Law of a Jurisdiction Similar to that of Equity. 12. Auxiliary Jurisdiction of Equity. EQUITY AND THE COMMON LAW. 5. The original relationship of equity and the common law has been materially modified by (a) The gradual adoption and application by law courts of equitable doctrines, (b) Legislative enactments. Many important doctrines formerly recognized by courts of equity alone have, in modern times, been adopted and applied by courts of law. The rigid adherence of the common law to precedent, and a strict application of the forms and notions of the ancient law, have been gradually lessened, so that now many of the rules in force in courts of law are as equitable and righteous in their nature as those applied in courts of equity.1 Statutes have been enacted which have directed the application of equitable principles in all courts, producing in many instances an amelioration of the hardships of the common law, and imposing upon courts of law, in such instances, a jurisdiction which had hitherto been exclusively cognizable in courts of equity. The statutes here referred to are not those modifying the forms of procedure, and providing for the administration of legal and equitable rules by 5. i Pom. Eq. Jur. g 69. the same courts, but those having for their object the general use of equitable principles and doctrines in all courts. It is not necessary at this time to specify in detail all these changes. Among th...


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Product Details
  • ISBN-13: 9780217000000
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 328
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 0217000002
  • Publisher Date: 06 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 585 gr


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