| M. E. Dunlap (Counsellor at law) - 1905 - 620 páginas
...a pledge, and by the execution of trusts or uses in a manner analogous to the law of legal estates. Equity, in its true and genuine meaning, is the soul...law is construed, and rational law is made, by it. BOOK IY. PUBLIC WRONGS, Public wrongs ; in which are considered f 1. The general nature of crimes and... | |
| William Hemingway - 1906 - 780 páginas
...the corpus of the trust estate " there is not only no equity ; but is in the face of all equity. " Equity in its true and genuine meaning, is the soul...all law ; positive law is construed and rational law made by it. It is synonymous with justice; in that, to the true and sound interpretation of the rule."... | |
| 1914 - 432 páginas
...some fundamental injustice. "Justice is the end of government; it is the end of civil society. Equity is the soul and spirit of all law ; positive law is construed, and rational law is made by it." (Blackstone). The extent to which justice is secured to a people is an exact measure of the nation's... | |
| William Blackstone - 1916 - 1380 páginas
...those who have attended but little in those courts must be often at a loss for materials. Equity, then, in its true and genuine meaning, is the soul and spirit of all law : positive law is eonstrued, and rational law is made, by it. In this, equity is synonymous to justiee, in that, to the... | |
| American Bar Association - 1894 - 576 páginas
...maxim, ubi jus ibi remedium. " Equity, then, in its true and genuine meaning," says Blackstone, '• is the soul and spirit of all law ; positive law is...synonymous to justice; in that, to the true sense and sound interpretation of the rule."3 Such a system should command the profound respect of all American lawyers.... | |
| Andrew Johnson - 1967 - 630 páginas
...&c. In this connection we might consider the meaning of equity also. In an enlarged and legal view, "Equity, in its true and genuine meaning, is the soul and spirit of the law." In this, "equity is made synonymous with justice." Right, justice and equity, according to... | |
| Gary L. McDowell - 1982 - 201 páginas
...the validity of the distinction between courts of equity and courts of law. Blackstone argued that Equity ... in its true and genuine meaning, is the...synonymous to justice; in that, to the true sense and sound interpretation of the rule. But the very terms of a court of equity, and a court of law, as contrasted... | |
| Theodore Dreiser - 1987 - 1168 páginas
...of it. "Equity (says he B. III. Ch. 27.) — is the soul & spirit of all law. Positive (or statute) law is construed, and rational law is made, by it....synonymous to Justice; in that, to the true sense & sound interpretation of the rule. But the very terms of a court of equity and a court of law, as... | |
| David Lieberman - 2002 - 332 páginas
...unambiguous denial that the equity courts enjoyed any special relation to natural justice: Equity then, in its true and genuine meaning, is the soul and spirit...synonymous to justice; in that, to the true sense and sound interpretation of the rule.81 57 3 Comm 429, 434. Maitland took this to be analogous to his own treatment,... | |
| Samuel Warren, Thomas W. Clerke - 2004 - 676 páginas
...Commentator, that " in its true and genuine meaning, Equity is the SOUL AND SPIRIT OF ALL LAWS. — Positive law is construed, and rational law is made by it : — in this, equity is synonymous with justice : in that, with the true sense and sound interpretation of the rule." * Thus comes it... | |
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