JB/056/271/001

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1828 July 25
Jud

Preface
Equity procedure

from p.5 before the lecture

73. 21
Connexion between
Equity & Common Law

Thus for much as to the Common Law practice and
the Equity Court practice separately considered. But the
between the Eq Common Law Court practice and the Equity
Court practice a particular and very extraordinary sort
of connexion has place: and without some explanation given of
the nature of this connexion very imperfect would be the
best conception of either that could be attended of either one or the
other.

74 or 22
Equity jurisdiction — 1 Equ.
cases in general — 2 Injunctions

Cases of which the Equity Courts takes cognizance
may be divided in the first place be divided into two
classes. 1. Equity cases at large, and 2. Injunctive
cases.

75 or 23
While a suit at Common
Law almost concluded —
may be stopped by Injunction
in Equity. Origin To
gain by an set of lawyers
added commencement of gain to another set.
Hence no such hostility as
between K.B. & C.P.

Of Equity cases at large presently ☞ Quere if at all,
Now as to Injunctive cases. These are cases in which
of alone in to a demand made in a Common Law Court every operation of procedure
has been gone through with the exception of those ultimate
ones by which execution and effect has been given a demand
made in a Common Law Court the which is put a stop
to and rendered of no avail by a suit commenced. — the
injunction bill filed in an Equity Court. For the immediate
purpose now in hand namely the shewing the English
Procedure system in its origin — the origin of the several judicatories
of the injunctive order and those several modes of procedure
elicitation of evidence included — this account short as it is
may perhaps be found sufficient. By an Injunction Bill To the suitors The cost of which one
set of lawyers had the benefit was superadded the commencement
of the costs of which another set of lawyers had the benefit.
Here Then for between the interests of the one and the interests
of the other there existed not any such clashings hostility as to
produce the sort of warfare we have seen carried on between
the Kings Bench Superior Common Law Court and the Common Pleas
Superior Common Law Court. [2] [2] At different periods of the
contest the property
of the suitor became a prey
to both If the Common Law Courts had the
advantage in one shape, the Equity Courts had it in another shape [+]2
[+]2 The Common Law Courts
to feed upon the property of
the suitors in its yet unbroken
state: the Equity Courts
no more than the remnant of
it. But wherever the remnant was large enough to endure both dramas, the utmost quantity of the matter of wealth capable of being absorbed by the procedure of the Equity Courts far exceeded
the utmost quantity capable of being absorbed by that of the Common Law Courts

Identifier: | JB/056/271/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1828-07-25	Marginal Summary Numbering	[[marginal_summary_numbering::73 [or] 21 - 75 or 23]]
Box	056	Main Headings	Procedure Code
Folio number	271	Info in main headings field	Jud
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C9
Penner		Watermarks	B&M 1828
Marginals	George Bentham	Paper Producer	Arthur Moore; Richard Doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	18327
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