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An Analysis of the Principles of Equity Pleading; Containing a Compendium of the Practice of the High Court of Chancery, and the Foundation of Its Ru

An Analysis of the Principles of Equity Pleading; Containing a Compendium of the Practice of the High Court of Chancery, and the Foundation of Its Ru


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...case. 184. We shall now proceed to show the application of these principles to the several pleadings on either side, taking each of them separately as they occur on the part of the plaintin' and defendant: and first, of the statement of the injury suffered by the plaintiff, and his application for redress. Here then are two points to be considered: first, the nature of the wrong sustained, and how it is to be set out; and, secondly, the plaintiff's right to make the application to the particular court, and the form of such application. Of each ol ihese in their order: 185. First, as to the statement of the injury. "Wrongs convey to us an idea merely negative, as being nothing else but a privation of right." (a) In complaining of a wrong done to him, therefore, the plaintiff doea nothing more than set out a right of which he has been deprived. This leads us to the consideration of rights, which are nothing more than legal or equitable relations. To prove a right, then, the relation in which it is founded must be distinctly shown. And here we must premise that in speaking of relations we allude more particularly to such as arise ex contractu, and are the foundation of actions of that nature, as being more analogous to cases in equity, and quite sufficient for the purposes of illustration. Relations, again, let in three separate considerations: first, the parties with their several disabilities and liabilities in law; secondly, the subject matter, or contract, with the circumstances under which it was made; and, lastly, the legal and equitable incidents or rights, the withholding of any of which is the cause of complaint. Who, then, that for a moment reflects upon the vast and diffusive field of controversy which this includes, can be...


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Product Details
  • ISBN-13: 9781154177169
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 78
  • Spine Width: 4 mm
  • Width: 189 mm
  • ISBN-10: 1154177165
  • Publisher Date: 20 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 154 gr


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An Analysis of the Principles of Equity Pleading; Containing a Compendium of the Practice of the High Court of Chancery, and the Foundation of Its Ru
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