The Law Magazine and Review: A Quarterly Review of Jurisprudence, Volume 3Saunders and Benning, 1874 - Law |
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Page 15
Yet , as Lord Brougham pointed out long ago , law and equity are no more
opposed than civil and criminal law , and can as little be fused . For , as Lord
Brougham explained , on the same state of facts , and the same question , law
and equity ...
Yet , as Lord Brougham pointed out long ago , law and equity are no more
opposed than civil and criminal law , and can as little be fused . For , as Lord
Brougham explained , on the same state of facts , and the same question , law
and equity ...
Page 16
their own daily avocations and ideas . Thus , most members of the profession
suppose that all matters of fact are determined in Courts of Law by juries on oral
evidence , and in Courts of Equity by judges upon written evidence . Yet in the
same ...
their own daily avocations and ideas . Thus , most members of the profession
suppose that all matters of fact are determined in Courts of Law by juries on oral
evidence , and in Courts of Equity by judges upon written evidence . Yet in the
same ...
Page 50
the outset , at the very first step , the plaintiff is required to state clearly the specific
facts upon which he grounds his complaints ; and that then the defendant is
obliged to answer upon oath - clearly and categorically — to interrogatories ...
the outset , at the very first step , the plaintiff is required to state clearly the specific
facts upon which he grounds his complaints ; and that then the defendant is
obliged to answer upon oath - clearly and categorically — to interrogatories ...
Page 51
And while , on the one hand , evidence can be taken in the first instance in writing
, which is a great advantage where the facts stated are not disputed ; on the other
hand , where facts are in dispute , witnesses can be cross - examined orally ...
And while , on the one hand , evidence can be taken in the first instance in writing
, which is a great advantage where the facts stated are not disputed ; on the other
hand , where facts are in dispute , witnesses can be cross - examined orally ...
Page 53
... difference that in equity the facts are disclosed in the answer , whereas at law
they are never disclosed in the pleading ... go into evidence on any matters of fact
not admitted between them , these matters are clearly defined on the face of the ...
... difference that in equity the facts are disclosed in the answer , whereas at law
they are never disclosed in the pleading ... go into evidence on any matters of fact
not admitted between them , these matters are clearly defined on the face of the ...
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Bibliographic information
| Title | The Law Magazine and Review: A Quarterly Review of Jurisprudence, Volume 3 |
| Contributors | Thomas Pitt Taswell-Langmead, Charles Henry Edward Carmichael, William Pinder Eversley, Sir Sherston Baker |
| Publisher | Saunders and Benning, 1874 |
| Original from | the University of Michigan |
| Digitized | 9 Dec 2011 |
| Export Citation | BiBTeX EndNote RefMan |