Imágenes de páginas
PDF
EPUB

OF A

SUIT IN EQUITY

FROM ITS

Commencement to its Final Termination,

By CHARLES BARTON,

OF MIDDLE TEMPLE.

NEW EDITION, REVISED AND ENLARGED

WITH

FORMS OF BILLS, ANSWERS, PLEAS, DEMURRERS,

AND DECREES.

By JAMES P. HOLCOMBE.

AND

AN APPENDIX,
Containing the Rules of Practice for the Courts of Equity of the United
States, revised to date, the Statute Laws of the United States

relating to Equity, and the Ordinances of Lord Bacon.

CINCINNATI:
ROBERT CLARKE & CO.

Entered according to Act of Congress, in the year 1847,

BY DERBY, BRADLEY & Co.

In the Clerk's Office of the District Court, for the District of Ohio.

Entered according to Act of Congress, in the year 1877,

BY ROBERT CLARKE & Co. In the Office of the Librarian of Congress at Washington.

Stereotyped by OGDEN, CAMPBELL & Co., Cincinnati,

PREFACE.

TN reproducing the “HISTORY OF A SUIT IN EQUITY,” the

editor has taken several liberties with the original work. All the matter relating to the Court of Exchequer (which is now useless, even in England, the Equity jurisdiction of that Court having been taken away by statute), and many explanations of minute points of practice, which have never prevailed in any portion of this country, have been omitted. The notes of Mr. Barton have, for the most part, been incorporated with the text, and the latter has been enlarged by the addition of a variety of new matter, particularly on the subject of Bills, Demurrers, Pleas, Answers and Decrees. Numerous forms of pleadings have been inserted in their appropriate place, borrowed principally from the best English and American treatises. It is proper to mention among the former the works of Smith, Willis, Seaton, and Van Heythusen, and among the latter those of Barbour, Hoffman, Blake, and Edwards. The volume, as it is now presented to the junior members of the profession, will form, it is believed, a more modern and complete outline both of Pleading and Practice in Equity.

To increase the practical value of this volume, we append to it the Rules of Practice for the Courts of Equity

.ac.

of the United States, the Statute Laws of the United States relating to Equity, now in force, and also, on account of their great historical interest, the celebrated Ordinances of Lord Chancellor Bacon.

The student will find it profitable to compare the practice of the Court as now settled with the outline that in the beginning of the seventeenth century was chalked out by the genius of Lord Bacon. On rising from the study of these celebrated Ordinances, he will be able to appreciate the justice of the following beautiful eulogy upon their merit, which was pronounced by the late Justice Story before the Suffolk Bar:-“Under the guidance of Lord Bacon, the business of Chancery assumed a regular course; and at the distance of two centuries, his Ordinances continue to be the pole-star which directs the practice of that Court. A more noble homage to his memory, or a more striking proof of the wisdom and comprehensiveness of his views, can scarcely be imagined. And it may be truly affirmed that his Novum Organum scarcely introduced a more salutary change in the study of physics and experimental philosophy, than did his Ordinances in the practical administration of Equity.”

lore

« AnteriorContinuar »