Bill In Equity - Law Dictionary Search Results
Home Dictionary Name: bill in equityBill in Chancery, or Bill in Equity
Bill in Chancery, or Bill in Equity, a printed or written statement of a plaintiff's case, in the nature of a petition to the Court, praying for some redress.For the descriptions of the several bills, see their distinctive names, as PEACE, BILL OF.Bills are now abolished, and all actions in the High Court are now commenced by writ of summons, followed in certain cases by a statement of claim (R.S.C. 1883). See STATEMENT OF CLAIM; WRIT OF SUMMONS; and PLEADING....
bill in equity
bill in equity :bill ...
bill
bill 1 : a draft of a law presented to a legislature for enactment ;also : the law itself [the GI ] ap·pro·pri·a·tions bill [ə-prō-prē-ā-shənz-] : a bill providing money for government expenses and programs NOTE: Appropriations bills originate in the House of Representatives. bill of attainder 1 : a legislative act formerly permitted that attainted a person and imposed a sentence of death without benefit of a judicial trial see also attainder compare bill of pains and penalties in this entry 2 : a legislative act that imposes any punishment on a named or implied individual or group without a trial NOTE: Bills of attainder are prohibited by Article I of the U.S. Constitution. bill of pains and penalties : a legislative act formerly permitted that imposed a punishment less severe than death without benefit of a judicial trial compare bill of attainder in this entry NOTE: The term bill of attainder is often used to include bills of p...
Supplemental Bill
Supplemental Bill, an addition to an original bill in equity, in order to supply some defect in its frame and structure. See BILL INCHANCERY and STATEMENT OF CLAIM....
Discovery
Discovery, revealing or disclosing matter. The Courts of Common Law were originally unable to compel a litigant to disclose any fact resting merely within his knowledge, or discover any document in his power, which would aid in the enforcement of a right, the repelling of an unjust demand, or the redress of a wrong; an infirmity which the equity judges cured by compelling such a party to disclose the fact, or discover the document, upon his oath, in his answer to a bill of complaint, filed by the opposite party, called a bill of discovery, which was an original bill.Sir James Wigram, V.C., in his work, entitled Points in the Law of Discovery, epitomized the two cardinal principles on this subject in the two following propositions:(1) It is the right, as a general rule, of a plaintiff in equity to exact from the defendant a discovery upon oath as to all matters of fact, which, being well pleaded in the bill, are material to the plaintiff's case about to come on for trial, and which the ...
Multiplicity
Multiplicity. A bill in equity might have been objectionable for an undue dividing or splitting up of a single cause of suit, and thus multiplying subjects of litigation. Equity discourages unreasonable litigation. It would not, therefore, permit a bill to be brought for a part of a matter only where the whole was the proper subject of one suit. See (English) Jud. Act, 1873, s. 24 (7) [see now (English) Jud. Act, 1925, s. 43]; and as to inferior courts, see ss. 89-91 [see now (English) Jud. Act, 1925, ss.201, 202, 203]....
Pawn or Pledge
Pawn or Pledge [fr. pignus, Lat.], a bailment of goods by a debtor to his creditor, to be kept till the debt is discharged.A mortgage of goods is in the Common Law distinguishable from a mere pledge or pawn. By a mortgage the whole legal title passes conditionally to the mortgagee; and if the goods be not redeemed at the stipulated time, the title becomes absolute at law although equity allows a redemption. But in a pledge, a special property only passes to the pledgee, the general property remaining in the pledgor. Also, in the case of a pledge, the right of a pledgee is not consummated, except by possession; and, ordinarily, when that possession is relinquished, the right of the pledgee is extinguished or waived. But, in the case of a mortgage of personal property the right of property passes by the conveyance to the mortgagee, and the possession is not or may not be essential to create or support the title.As to things which may be the subject of pawn: These are, ordinarily, goods a...
Joinder of causes of action
Joinder of causes of action, coupling two or more matters in the same suit or proceeding.Under the (English) C.L.P. Act, 1852, s. 41, causes of action, of whatever kind, provided they were by and against the same parties and in the same rights, might be joined in the same suit; but this did not extend to repelling or ejectment; and where two or more of the causes of action so joined were local, and arose indifferent counties, the venue might be laid in either of such counties, but the court or a judge had power to prevent the trial of different causes of action together if such trial wound be inexpedient, and in such case such court or judge might order separate records to be made up, and separate trials to be had. The joinder in one bill in equity of distinct and independent matters, which was termed multifariousness, was a ground of objection to the bill. See MULTIFARIOUSNESS.By (English) R.S.C. 1883, Ord. XVIII., the plaintiff may in many cases unite in the same action and the same ...
equity
equity pl: -ties [Latin aequitat- aequitas fairness, justice, from aequus equal, fair] 1 a : justice according to fairness esp. as distinguished from mechanical application of rules [prompted by considerations of ] [comity between nations, and require it to be paid for "F. A. Magruder"] b : something that is equitable : an instance of equity [the inequities produced by the system are outnumbered by the equities] 2 a : a system of law originating in the English chancery and comprising a settled and formal body of substantive and procedural rules and doctrines that supplement, aid, or override common and statutory law [the judicial power shall extend to all cases, in law and , arising under this Constitution "U.S. Constitution art. III"] see also chancery compare common law, law NOTE: The courts of equity arose in England from a need to provide relief for claims that did not conform to the writ system existing in the courts of law. Originally, the courts of equity exercised great ...
Equity
Equity [fr. 'quitas, Lat.] There is some confusion as to the meaning of Equity; as a scheme of jurispru-dence distinct from Law 'Equity' is an equivocal term; the difficulty lies in drawing the dividing lines between the several senses in which it is used. They may be distinguished thus:-(1) Taken broadly and philosophically, Equity means to do to all men as we would they should do unto us-by the Justinian Pandects, honeste vivere, alterum non l'dere, suum cuique tribuere. It is clear that human tribunals cannot cope with so wide a range or duties.(2) Taken in a less universal sense, Equity is used in contradistinction to strict law. This is Moral Equity, which should be the genius of every kind of human jurisprudence; since it expounds and limits the language of the positive laws, and construes them not according to their strict letter, but rather in their reasonable and benignant spirit.Aristotle, in his discussion concerning Moral Equity, Ethics Eud., b.v., c. x, calls it the correc...
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