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1829. Jany.
Petition for Justice
1. Case
XIII. Jurisdiction split
49.
5. Injunction as to
Common Law Suits –
Injunction by Common
Law Court in
do. would be suicide.
So by Equity Court, say
Common Sense and
Common Honesty.
One fabrication frustrating
the designs of
another.
50.
Thus dealt by itself
no Common law
Court, which is merely
such – But Exchequer
which is better,
does –
One hand ties up t'other.
In
communicating:
like coilings of the
Leyden phial.
51.
Greater absurdity
than such frustration
without imputation
of error, no
premium would
produce an instance
of.
52.
Parallel case,
House built with
the design of it's being
pulled down
and another built
on the site.
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53.
6. Accounts. Common
Law Courts receive
fees for this business
without machinery
for doing it.
54.
Account suit is
continuous: a compound
of suits in
any number.
Common Pleas, the
only Common Law
Court having rightful
jurisdiction, performs
no operation
to which a determinate
length of time
is not assignable.
55.
Equity Court takes
time enough: Note
the money is divided
among the
instead of the suitor,
to whom the balance
is owing.
56.
7. Obligation to deliver
a thing to right owner.
Common Law Remedy
none but by action
for damages: Jury fixes
the sum: wrong-doer
has the option whether
to pay it or give
up the Race-horse, Picture,
or Manuscript work &c.
57.
8. Obligation to fulfil
an engagement.
Option here the
same.
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58.
Land by Eligit excepted,
mandamus
excepted, sole remedy
given to Common
Law money: in so
far as raiseable by
imprisonment or
sale of goods by Sheriff,
in all other shapes,
uncomeatable, Government
annuities
private annuities
Joint Stock Company
shares &c.
59.
So scanty the provision
of Common
Law and Equity together,
behold Blackstone's
eulogy in the
all sufficiency of
that made by Common
Law alone, before
the birth of Equity.
60.
II. Adjective law.
9. Elicitation of parties
evidence.
From most natural,
needful, instructive
source, evidence
excluded.
Defendant in Court,
Judge will not suffer
him to be asked
to acknowledge his
own handwriting.
Fees infinite this
would save.
Identifier: | JB/081/055/001 "JB/" can not be assigned to a declared number type with value 81.
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1829-01 |
49-60 |
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081 |
petition for justice |
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055 |
petition for justice |
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001 |
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marginal summary sheet |
1 |
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recto |
e3 |
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john flowerdew colls |
j whatman turkey mill 1822 |
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jonathan blenman |
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1822 |
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25842 |
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