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" Which provision (with a little accuracy in the clerks of the chancery, and a little liberality in the judges, by extending rather than narrowing the remedial effects of the writ) might have effectually answered all the purposes of a court of equity; except... "
Report of a Special Meeting ... and the ... Annual Meeting of the Colorado ... - Seite 188
von Colorado Bar Association - 1914
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A Treatise Upon the Law of Pleading Under the Codes of Civil Porcedure of ...

Philemon Bliss - 1894 - 858 Seiten
...(referring to 13 Edw. I.), with a little more accuracy in the clerks of chancery, and a little more liberality in the judges, by extending rather than...purposes of a "court of equity," except that of obtaining discovery by the oath of a defendant 3 Bl. Comm. 51.] student of our jurisprudence has noted the long...
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Common-law Pleading: Its History and Principles : Including Dicey's Rules ...

Richard Ross Perry - 1897 - 536 Seiten
...Blackstone writes to the same effect: this ' provision (with a little accuracy in the clerks of the Chancery, and a little liberality in the judges, by...purposes of a court of equity, except that of obtaining discovery by the oath of the defendant;' 2 and the idea is not confined to modern writers, for a judge...
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Civil Procedure at Common Law

Alexander Martin - 1899 - 460 Seiten
...of Westm. II., — that " the provision of the statute (with a little accuracy in the clerks of the chancery, and a little liberality in the judges, by...answered all the purposes of a court of equity, except perhaps that of obtaining a discovery by the oath of the defendant." * ARTICLE III. Ancient Real Actions...
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Proceedings of the State Bar Association of Wisconsin, Band 2

State Bar Association of Wisconsin - 1900 - 430 Seiten
...says that this provision with a little more accuracyin the clerks of. the Chancery and a little more liberality in the judges by extending rather than...purposes of a court of equity, except that of obtaining discovery by the oath of a defendant. The judges, however, adhered strictly to form and precedent and...
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Annual Report of the Illinois State Bar Association

Illinois State Bar Association - 1901 - 780 Seiten
...case. Which provision (with a little accuracy in the clerks of the chancery, and a little liberality m the judges by extending, rather than narrowing, the...except that of obtaining a discovery by the oath of the defendant." Lord Campbell, in his work, the "Lives of the Lord Chancellors," Vol. 1, page 10, traces...
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American Law School Review, Band 3

1911 - 754 Seiten
..."No wrong without a remedy," which finally became the boast of its jurisprudence. Pity it was, too, that in the process the courts of the common law did...except that of obtaining a discovery by the oath of the defendant." *i Nor is there wanting a more modern witness. Austin says, characteristically, that: "Equity...
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Commentaries on the Laws of England: In Four Books, Bücher 3

William Blackstone - 1902 - 440 Seiten
...Archewn. 61. (58) [King's Bench.] (59) Cobbey on Replevin, p. 319, I 607 ( 1890). judges, by extendiug rather than narrowing the remedial effects of the...except that of obtaining a discovery by the oath of the defendant. But when, about the end of the reign of king Edward III., uses of land were introduced,...
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Law and Business ...: Introduction

William Homer Spencer - 1911 - 702 Seiten
...specialty, reason, and equity of his very case. Which provision (with a little accuracy in the clerks of the chancery, and a little liberality in the judges, by...except that of obtaining a discovery by the oath of the defendant. But when, about the end of the reign of King Edward III, uses of land were introduced, and,...
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Cyclopedia of Law ...

Charles Erehart Chadman - 1912 - 624 Seiten
...reason and equity of his very case. (n) Which provision (with a little accuracy in the clerks of the chancery, and a little liberality in the judges, by...effectually answered all the purposes of a court of equity ;(o) except that of obtaining a discovery by the oath of the defendant. (m) A great variety of new...
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The Relations Between Equity and Law

Wesley Newcomb Hohfeld - 1913 - 44 Seiten
...Westminister II., Blackstone remarks: "Which provision (with a little accuracy in the clerks of the Chancery, and a little liberality in the judges, by...might have effectually answered all the purposes of the court of equity, except that of obtaining a discovery by the oath of the defendant." (Comm., Vol....
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