 | 1900 - 304 halaman
...necessary implication, conflicts with a rule of the common law, the former prevails. Equity is the remedy of that wherein the law, (by reason of its universality), is deficient. Grot., De Equit., Sec. 3. In annalogy to the common law, the rules of equity in the United States consist... | |
 | Thomson Jay Hudson - 1901 - 336 halaman
...and expounded but that one sentence, he would have been entitled not 1 Novum Organum, book ip I. 2 only to the eternal gratitude of all mankind, but...law, by reason of its universality, is deficient." J But Nature's laws require no courts of equity to provide for exceptional cases. Exceptions prove... | |
 | Honourable Society of Cymmrodorion (London, England) - 1902 - 572 halaman
...shred of character left him. He might appeal to the more equitable court of history — 'equity being the correction of that wherein the law, by reason of its universality, is deficient' — whose greater freedom of procedure would enable him to produce such evidence as would probably... | |
 | Honourable Society of Cymmrodorion (London, England) - 1902 - 468 halaman
...shred of character left him. He might appeal to the more equitable court of history — 'equity being the correction of that wherein the law, by reason of its universality, is deficient' — whose greater freedom of procedure would enable him to produce such evidence as would probably... | |
 | International Correspondence Schools - 1903 - 636 halaman
...>>«120U.S. 678(1886); 134 US 624(1889). »o 5 Dutch. (NJ) 99 (1860). EQUITY 39. Definition. —Equity is the correction of that wherein the law by reason of its universality is defective."« To grasp the full meaning of equity there must be an understanding of the term jurisprudence,... | |
 | Thomson Jay Hudson - 1903 - 344 halaman
...knows no more, he can do no more"1 These words are Bacon's ; the italics are mine. If the great Lord Chancellor had written and expounded but that one...of Nature, one of the two propositions must be true : 1. If it is truly a law, the exception is only apparent, and fuller investigation will demonstrate... | |
 | Nebraska State Bar Association - 1903 - 172 halaman
...DECADENCE OF EQUITY 155 modern text writers differ with him, when he gave equity the Grotian definition of "the correction of that wherein the law (by reason of its universality) is deficient." 18 But when we have come to a system of judicial discretion, we are back very near to our starting... | |
 | Thomson Jay Hudson - 1904 - 334 halaman
...constitution. But what is true of every law of Nature is also true of the law of reason ; namely, thai until it is discovered and formulated by man, he is...of Nature, one of the two propositions must be true : 1. If it is truly a law, the exception is only apparent, and fuller investigation will demonstrate... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1904 - 822 halaman
...in empty form of law. Its powers are not so superficial, or so restricted. Equity is, we are told, the correction of that wherein the law, by reason of its universality, is deficient. He who asks its aid must present himself with clean hands. Its special mission is to relieve from fraud,... | |
 | 1904 - 998 halaman
...established law. Savings inst v. Mаkin, 23 Me. (10 9nep.) 360, 366. Equity has been well defined to be "the correction of that wherein the law, by reason of its universality, is deficient" (Grotius.) Courts of equity have grown into use The modern doctrine ta tnmt to construe a statute liberally... | |
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From this method of interpreting laws by the reason of them, arises what we call equity, which is thus defined by Grotius : "the correction of that wherein the law (by reason of its universality) is deficient. 
