Commentaries on Equity Jurisprudence: As Administered in England and America, Volume 2

Front Cover
Little, Brown,, 1870

What people are saying - Write a review

We haven't found any reviews in the usual places.

Other editions - View all

Common terms and phrases

Popular passages

Page 771 - 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. Laches and neglect are always discountenanced ; and therefore from the beginning of this jurisdiction there was always a limitation to suits in this Court.
Page 695 - We speak familiarly of equitable set-off, as distinguished from the set-off at law ; but it will be found, that this equitable set-off exists in eases where the party seeking the benefit of it can show some equitable ground for being protected against his adversary's demand.
Page 131 - I can only say that if the parts which have been copied cannot be separated from those which are original without destroying the use and value of the original matter, he who has made an improper use of that which did not belong to him must suffer the consequences of so doing.
Page 443 - The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold, whether taken in the names of the...
Page 801 - It exists only in contemplation of law and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Page 648 - According to that view, the separate property of a married woman, being a creature of equity, it follows, that if she has a power to deal with it, she has the other power incident to property in general, namely : the power of contracting debts to be paid out of it ; and inasmuch as her creditors have not the means at law of compelling payment of those debts, a court of equity takes upon itself, to give effect to them, not as personal liabilities, but by laying hold of the separate property as the...
Page 127 - When it comes to a question of quantity, it must be very vague. One writer might take all the vital part of another's book, though it might be but a small proportion of the book in quantity. It is not only quantity but value that is always looked to. It is useless to refer to any particular cases as to quantity.
Page 59 - A writ of injunction may be described to be a judicial process, whereby a party is required to do a particular thing, or to refrain from doing a particular thing, according to the exigency of the writ.
Page 809 - ... shall be taken as prima facie evidence of the truth of the matters therein contained, with liberty to the parties interested to take such objections thereto as they may be advised.
Page 598 - If a father does any specific act from which it may reasonably be inferred that he has authorized his son to contract a debt, he may be liable in respect of the debt so contracted ; but the mere moral obligation on the father to maintain his child affords no inference of a legal promise to pay his debts...

Bibliographic information