Notes On Equity Pleading And Practice in Massachusetts
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" Holden v. Hoyt, IS-t Mass. 185; Rice v. Wlnslow, 182 Mass. 273.^ Jurisdiction in equity attaches unless the legal remedy both in respect to the final relief and the mode of obtaining it are as efficient as the remedy which equity would confer under the same cir- ^ Criticisms of tVie Massachusetts rule, which allows a defendant to waive an objection which he might make to jurisdiction in equity, are logical enough if based upon the assumption that parties cannot confer jurisdiction upon a cour...t which the law does not give ; but such assumption begs the question. The rule, as to practical results, is sat- isfactory. It allows parties to extend the beneficent rules of equity to causes which could not otherwise be done. And the disposition is to extend them still further, as shown in allowing equitable defences and interpleaders in actions at law. Section 11 of the Supreme Court of Judicature Act of England provides that, " Generally in all matters not hereinbefore particularly mentioned, in which there is any conflict or variance between the rules in equity and the rules of the common law with reference to the same mattei', the rules in equity shall prevail.
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You can find similar books in the "Read Also" column, or choose other free books by James Bailey Richardson to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
" Holden v. Hoyt, IS-t Mass. 185; Rice v. Wlnslow, 182 Mass. 273.^ Jurisdiction in equity attaches unless the legal remedy both in respect to the final relief and the mode of obtaining it are as efficient as the remedy which equity would confer under the same cir- ^ Criticisms of tVie Massachusetts rule, which allows a defendant to waive an objection which he might make to jurisdiction in equity, are logical enough if based upon the assumption that parties cannot confer jurisdiction upon a cour...t which the law does not give ; but such assumption begs the question. The rule, as to practical results, is sat- isfactory. It allows parties to extend the beneficent rules of equity to causes which could not otherwise be done. And the disposition is to extend them still further, as shown in allowing equitable defences and interpleaders in actions at law. Section 11 of the Supreme Court of Judicature Act of England provides that, " Generally in all matters not hereinbefore particularly mentioned, in which there is any conflict or variance between the rules in equity and the rules of the common law with reference to the same mattei', the rules in equity shall prevail.
What to read after Notes On Equity Pleading And Practice in Massachusetts?
You can find similar books in the "Read Also" column, or choose other free books by James Bailey Richardson to read onlineMoreLess
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