Manual Of Equity Pleading And Practice As Modified By The New Federal Equity Rules

Author : Eugene A. Jones
Publisher :
ISBN 13 : 9781330882566
Total Pages : 274 pages
Book Rating : 4.8/5 (825 download)

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Download or read book Manual of Equity Pleading and Practice, as Modified by the New Federal Equity Rules written by Eugene A. Jones and published by . This book was released on 2015-07-07 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Manual of Equity Pleading and Practice, as Modified by the New Federal Equity Rules: With Forms Professor Boke in his careful selection of illustrative cases on equity jurisprudence observes the marked influence that the right of discovery (that "great engine for the discovery of truth by the examination of the parties on oath") has had upon modern legislation; and cites as examples the inquisitorial powers conferred by the acts creating the Interstate Commerce Commission, the various Public Utilities Commissions, etc. The writer shares his views and ventures to supplement them by pointing to the same influence in matters relating to procedure, e. g., the provisions for the examination of parties for the discovery of assets under the Bankruptcy laws, the examinations in Supplementary Proceedings, and the provisions of the various Procedure Acts requiring affidavits of the parties in support of their pleadings. There is ample authority for the assertion that the administration of this right was the foundation of the broad jurisdiction acquired by the English Court of Chancery, and but little reflection compels the belief that the entire body of the rules governing the pleadings in equity are based upon it. The fact that so many cases in the old reports involve the consideration of demurrers and pleas to the discovery alone, invites belief that they were first introduced as a defense only to discovery, and that their use as a defense to the relief was, comparatively speaking, an innovation. The influence of discovery in shaping the forms of the pleadings is further shown by analysis of the decisions wherein a plea was required to be supported by an answer; wherein the benefit of the plea was ordered saved to the defendant at the hearing; wherein a plea was ordered to stand for an answer with liberty to the plaintiff to except to it as such. 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.