The Law of Decedents Estates Including Wills An Abridgement for the Use of La

Cover The Law of Decedents Estates Including Wills An Abridgement for the Use of La
The Law of Decedents Estates Including Wills An Abridgement for the Use of La
J G John Gabriel Woerner
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An intelligible statement of an existing substantial right, which the court has jm-isdiction to enforce, is a sufficient allegation of all matters necessary to sustain a judgment; and the simple appearance of the defendant usually entitles him to rebut the proof offered by the other side, or prove any matter in defence; save, perhaps, a cause of action constituting a set-off or counter claim, of which the other side must have sufficient notice to enable it to prepare any defence it may have to ...the same.
It lies in the nature of these courts, that in the exercise of their jurisdiction they are not confined to legal principles or the rules of common-law courts, but exercise equitable powers as well. Whenever, within the scope of the statutory jurisdic- tion confided to them, the relief to be administered, the right to be enforced, or the defence to an action properly pending before them, involves the application of equitable principles, or a proceeding in accordance with the practice in chancery, their powers are commensurate with the necessity demanding their exercise, whether legal or equitable in their nature.


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