Exposition Of Common Law And Equity Pleading

Author : Selden Bacon
Publisher : Forgotten Books
ISBN 13 : 9780656863877
Total Pages : 124 pages
Book Rating : 4.8/5 (638 download)

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Download or read book A Primer in Equity Pleading and Procedure written by Selden Bacon and published by Forgotten Books. This book was released on 2018-02-18 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from A Primer in Equity Pleading and Procedure: Being a Series of Lectures Delivered Before Students of the Law Department of the University of Minnesota As we have seen in studying the rise of the common law courts, their power was of slow growth, their resources were limited, their ability to enforce their judgments slight, in early and turbulent days. In a local or baronial court a poor suitor might get little redress against a wealthy and powerful defendant. In the king's courts justice was administered with a stronger and firmer hand}, but still there too the difficulty was apparent. Difficulties were of two great kinds, Ist, inefficiency of the courts and judges in the administration of the remedies the law had placed in their hands; and 2nd, inadequacy of the remedies afforded by the common law even when properly administered. In the earliest times the common law actions sufficed for the needs of a simple race which had neither commerce nor wealth, and as long as the courts made no pretence of enforcing their decisions but simply authorized the plaintiff to obtain redress, if he could, by the strong hand, their feebleness was a matter of small moment, but long before the Conquest (1066) the courts had begun to enforce their decrees, and their inefficiency in bringing powerful barons to terms was seriously felt. We very early find complaints of the weakness of the administration of justice, and the complainants asking the strong assistance of the king in their efforts to obtain justice. Such extra-legal applications we find even under the stern rule of the Conqueror, and they appear with growing frequency down to the times of Edward III and Richard II. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.