Equity Under The Judicature Act Or The Relation Of Equity To Common Law

Author : Chaloner William Chute
Publisher : Rarebooksclub.com
ISBN 13 : 9781230066394
Total Pages : 100 pages
Book Rating : 4.0/5 (663 download)

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Download or read book Equity Under the Judicature Act; Or the Relation of Equity to Common Law written by Chaloner William Chute and published by Rarebooksclub.com. This book was released on 2013-09 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 edition. Excerpt: ...Mr. Plimsoll had no right to interrogate the plaintiif in order to make up his case, but only to support his case when he knew what it was; and it was held, that he must disclose his defence substantially before he could be entitled to file the interrogatories. To allow the interrogatories first would be to invert the order of things. It will be observed, that the right of exhibiting interrogatories is reciprocal, and that both the plaintiff and defendant may obtain discovery (see the rule quoted, ante, p. 17 7): the case just quoted was an example of the defendant interrogating the plaintiff in aid of his defence. Under the present practice a defendant has this right, by 15 & 16 Vict. c. 86, s. 19 (Z), whereby in certain cases a defendant, after answer, may file interrogatories for the examination of the plaintiff. (Z) Morgan's Chancery Acts and Orders, 177. A consideration of Mr. Plimsoll's case will make it clear, that though it is very desirable that a bond _/ide plaintiff should be able to make a general statement of his case, and amend his case by getting discovery, yet strict rules are necessary to prevent a suitor who does not show a bond fide case from filing what are called fishing interrogatories, and getting at his adversary's defence before the proper time; if such care were not taken, speculative litigation would be encouraged, and some plaintiffs might even frame a false case of their own to meet that of the other side. On all that relates to his own case a suitor is entitled to make the adversary answer, but all matters which are only part of the defence need not be disclosed till the hearing. A man cannot say i'n general terms, " I am entitled to such-and-such property, you are not--now show me...