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1825 July 25
Jud
Preface ?
Equity procedure
76. or 24
Tho' the service
& grounds for demanding
it — the same — the
elicitation of evidence
& statements of grounds
quite different in
two sorts of Courts
The case of the Injunctive class of the Equity case
is among one of the most prominent of those which contribute to shew concerned in shewing
enormous masses to what degree of absurdity and suffering men are capable
of being reconciled by inveterate and unexamined usage. The effective service
demanded being the same the ground of demand in point
of law as well as in point of fact in so far as they are capable
of being brought to view together in a state of distinction from one another being also the
same; the elicitation of the evidence as well as the statement
of the grounds of the demand is or hath been performed in the two
sorts of Courts Judicatories upon principles essentially and irreconcilably
different: if with reference to the preference professed on both parts desirable the one mode system be good well adapted to the purpose
the other can not be ill adapted and that in no extraordinary
degree. Both ill adapted they may be and whether
they are not may be judged already be judged. both well
adapted it is not possible they should be.
77 or 25
Equity an Appeal Court
in relation to Com Law do
Without being
stiled a Court of Appeal, the Equity Court has exercises/produces in relation to
a Common Law Court the the power and procedure the
effect of one. The foundation Of the
proceedings of the a Court of Appeal so called the foundation
is something wrong in the proceedings of operation performed by the Court appealed
from. In the case of a the virtual Appeal made from the
decision of the Common Law Courts to the Equity Court, nothing
wrong in the proceedings of the Common Law is ever
so much supposed or insinuated to have had place, yet had they in
ever so high a degree been wrong, they could not be more
effectually set at nought than they are.
78 or 26
Equity & Common Law
Courts compared to ferry-boats.
Plaintiff & Defendant
fighting in C.L. boat when
on point of landing, dragged
back by Equity boat &c.
Employed in the conveyance of passengers and their effects
across the same river at the same place, suppose two ferry-boats:
the Common Law ferry-boat and the Chancery Equity
ferry-boat. By the Common Law ferry-boat Plaintiff and Defendant
together have been conveyed to the very brink of the opposite shore.
Plaintiff and Defendant fighting contending together all the while: when on the point of landing. Defendant finding he has the worst of it stops the makes a signal to
the Master of the Equity ferry-boat. Secretly fastened to the Common Law
Boat the Master of the Equity Court has a cable by rope with which it by means of
of an appropriate machinery
he pulls back
the Common Law ferry boat
to the shore from whence
it started: when it is arrived
the upon its arrival
the plaintiff Defendant with the assistance
of the Master of
the Equity ferry boat and
his crew, lays hold of the
Plaintiff, throws him into the Equity ferry boat, placing himself now on the plaintiffs side of it, and the extinguish on the Defendant's side: and in this state of things
the motion being given to the ferry boat, both parties are upon its reaching the shore suffered to land: the matter in dispute what remains of it, being out into the thoughts pocket
pocket of one or other of the parties
as to the Master of the Boat may
have seemed best.
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Identifier: | JB/056/272/001"JB/" can not be assigned to a declared number type with value 56. |
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1828-07-25 |
76 or 24 - 78 or 26 |
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056 |
Procedure Code |
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272 |
Jud |
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001 |
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Text sheet |
1 |
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recto |
C10 |
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18328 |
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