Cases on Equity Pleading and Practice

Cases on Equity Pleading and Practice

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ... fact evidence for ultimate solution, which (if defendants are right) it will be useless to prepare and present. (5) There is one criticism of the bill, mentioned in arguments and briefs, to which preliminary consideration may be given. It is urged that the bill contains two inconsistent "causes of action." It does, in my opinion, show inconsistent prayers for relief, because it demands (1) the utter destruction of the lease of 1873, as obnoxious to the Sherman Act, and also (2) the preservation of the present status of Harlem stock, which depends wholly upon the very lease sought to be annulled. But it is not thought that such inconsistency is either fatal to the bill, or constitutes a serious blemish thereupon; and for two reasons: First, the prayers of a bill are not parts of the cause of action therein set forth; and, second, inconsistent and even contradictory prayers are permitted by Equity Rule 25 (198 Fed. XXV, 115 C. C. A. XXV), which allows relief to "be stated and sought in alternative forms." "Alternative" means "mutually exclusive" (Cent. Die.), and no phrase could more happily describe the prayers of this bill. "Cause of action" has not been found easy of definition. But Prof. Pomeroy's effort, that it is "composed of the right of the plaintiff and the obligation, duty or wrong of the defendant; and these combined, it is sufficiently accurate to say, constitute a cause of action," has been adopted in Veeder v. Baker, 83 N. Y., at page 160; while the shorter statement of Durham v. Spence, L. R. Ex. Cas., 46, that it "is that which produces the necessity for bringing an action" has been approvingly quoted in Shelby, etc., Co. v. Burgess Co., 8 App. Div. at page 448, 40 N. Y. Supp. at page 873. In the light of these definitions, more

Product details

  • Paperback | 150 pages
  • 189 x 246 x 8mm | 281g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236663217
  • 9781236663214