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A Treatise on Equity Jurisprudence: As Administered in the United States of ...
John Norton Pomeroy
No preview available - 2018
according action administration adopted applied arising authority belonging bill brought cause certain Chancellor chancery circumstances claim common law compel complete concerning conferred contract court of equity created creditor debt decisions decree defendant described determine discovery distinct doctrine dower duties effect election enforced English entire equitable jurisdiction established example exclusive exercised existing express extent facts final fraud give given granted ground held important instances intention interest judges judgment judicial juris jurisprudence justice kind land legislation lien limitations Lord maintain manner matter means modes mortgage nature necessary obtained operation original particular parties performance persons plaintiff possession practically prevent primary rights principles procedure proceedings provisions question regarded relations relief remedy respect result Roman rules separate settled specific statute suit tion true trust United whole wholly
Page 407 - Courts, shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding, existing at the time in like causes in the courts of record of the State, within which such Circuit or District Courts are held, any rule of the court to the contrary notwithstanding.
Page 525 - He who seeks equity must do equity. This principle means: " * * * that whatever be the nature of the controversy between two definite parties, and whatever be the nature of the remedy demanded, the court will not confer its equitable relief upon the party seeking its interposition and aid, unless he has acknowledged and conceded, or will admit and provide for, all the equitable rights, claims, and demands justly belonging to the adversary party, and growing out of or necessarily involved in the subject...
Page 427 - Court shall have power and authority to hear and determine in equity all cases of trust arising under deeds, wills, or in the settlement of estates, and all cases of contract in writing, where a party claims the specific performance of the same, and in which there may not be a plain, adequate, and complete remedy at law...
Page 398 - The prevention or restraint of the commission or continuance of acts contrary to law, and prejudicial to the interests of the community, or the rights of individuals.
Page 461 - State possesses, under the provisions of the Constitution, includes all the jurisdiction, which was possessed and exercised by the Supreme Court of the Colony of New York, at any time, and by the Court of Chancery in England, on the 4th day of July, 1776; with the exceptions, additions, and limitations, created and imposed by the Constitution and laws of the state. Subject to those exceptions and limitations, the Supreme Court of the state has all the powers and authority of each of those courts,...
Page 400 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and, there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page 398 - And the legislature shall vest in the said courts such other powers to grant relief in equity as shall be found necessary; and may, from time to time, enlarge or diminish those powers, or vest them in such other courts as they shall judge proper for the due administration of justice.
Page 573 - A court of equity, which is never active in relief against conscience, or public convenience, has always refused its aid to stale demands, where the party has slept upon his rights, and acquiesced for a great length of time. Nothing can call forth this court into activity, but conscience, good faith, and reasonable diligence; where these are wanting, the court is passive, and does nothing.
Page 550 - But where the parties to a contract against public policy, or illegal, are not in pari delicto (and they are not always so), and where public policy is considered as advanced by allowing either, or at least the more excusable of the two, to sue for relief against the transaction, relief is given to him, as we know from various authorities, of which Osborne v.