Commentaries On Equity Jurisprudence

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Pretoria:, between Actiones Directce and Actiones Utiles.1 And, in modern nations, it is not uncommon for different portions of judicial jurisdiction to be vested in different magistrates or tribunals.

Thus, qx1estions of State or Public Law, such as prize causes, and causes touching sovereignty, are generally confided to special tribunals ; and maritime and commercial questions often belong to Courts of Admiralty, or other Courts, constituted for commercial purposes. There is, then, nothing incongruous, much less absurd, in separating different portions of municipal jurisprudence from each other, in the administration of justice ; or in denying to one Court the power to dispose of all the merits of a cause, when its forms of proceeding are ill adapted to afford complete relief, and giving jurisdiction of the same cause to another Court better adapted to do entire justice by its larger and more expansive authority.

CHAPTER II. THE ORIGIN AND HISTORY OF EQUITY JURISPRUDENCE. 38. Having thus ascertained what is the true nature and character of Equity Jurisprudence, as it is administered in countries governed by the Common Law, it seems proper, before proceeding to the consideration of the particulars of that jurisdiction, to take a brief review of its Origin and Progress in England, from which country America has derived its own principles and practice on the same subject.

It is not intended here to speak of the Common Law Jurisdiction of the Court of Chancery, or of any of its speciallydelegated jurisdiction in exercising the prerogatives of the Crown, as in cases of infancy and lunacy ; or of its statutable jurisdiction in cases of bankruptcy.1 The inquiry will mainly relate to its equitable, or, as it is sometimes called, its extraordinary jurisdiction.2 1 Taylor's ...