Reports of Cases Volume 10

Reports of Cases Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ... the point is fully discussed, and the reason given for the exclusion, that the bill, together with statements of facts, usually also contains allegations made with no other object than to obtain adiscovery on the oath of the defendant; and as was truly, though rather irreverently observed, allegations in a bill are often the flourishes of counsel, of which the plaintiff knows nothing. But all the authorities shew that the answer in Chancery was evidence against the defendant, because it was upon oath. Lord Chief Baron Gilbert said, " The answer still carries higher weight ofpro" bability along with it, because this is delivered in upon " oath, and, therefore, over and above the single confession, " it has an authority from the sanction of an oath." Gilb. Ev. 50. Mr. Phillips (1 P71. Ev. 341) gives the same reason for the exclusion of the bill and admission of the answer. " It is notorious " he observes, " that many of the facts stated "in the bill, are the mere suggestions of counsel, made " for the purpose of extorting an answer from the defend" ant. The bills are not sworn to. The practice of Chan" cery did not require it, and perhaps did not deem it " expedient, while answers were held to be confessions on "oath, and therefore strong evidence against the party " who makes them." ta) 1 Sid. 221. (b) 7 T. R. 2. (6) 2 Ezch. 665. that The maxim " cessante ratione cessat eliam lex," is now made applicable. When our Legislature saw fit to abolish the Court of Chancery, and establish a reformed practice for equitable proceedings in the Supreme Court, an essential part of which is that the bill, if filed by the plaintifi', shall more

Product details

  • Paperback | 218 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236853776
  • 9781236853776