An Analysis Of The Principles Of Equity Pleading - Softcover

Denis George Lubé

Softcover

ISBN 10: 0461331144 ISBN 13: 9780461331141

Publisher: HardPress, 2020

Synopsis

An Analysis Of The Principles Of Equity Pleading: Containing A Compendium Of The High Court Of Chancery, And The Foundation Of Its Rules, Together With An Illustration Of The Analogy Between Pleadings At Common Law And In Equity by Denis George Lubé. Part 1 offers a scholarly, instructional treatment of equity pleading, outlining its aims, scope, and philosophical underpinnings. It describes the English High Court of Chancery and the role of pleadings in shaping remedies when common-law processes fall short. Chapter I explains how equity fills gaps in proof, procedure, or relief, with sources of deficiency such as method of proof, mode of trial, and adequacy of relief, and notes equity’s reach to guardianship, lunacy, charities, and bankruptcy administration. Chapter II sketches Suits in General, establishing the overarching framework for Process, Pleadings, Proof, Trial, Judgment, and Execution. Chapter III covers commencement, bill form, and party structure, and its continued discussion addresses filing, appearance, subpoenas, and special rules for peers, bishops, and corporations. Chapter IV opens pleadings on the defendant’s side, while Chapter V and beyond introduce interlocutory practice, injunctions, and references to Masters. The work emphasizes deriving rules from first principles, linking practice to theory, and situating equity within a broader legal philosophy. In short, Part 1 sets the philosophical basis for equity pleading and begins outlining the procedural roadmap from filing a bill to securing a decree, including the roles of parties, officers, pleadings, interim orders, and discovery mechanisms.

Edition details

• Publisher: HardPress
• Publication date: 2020
• Language: English
• ISBN 10: 0461331144
• ISBN 13: 9780461331141
• Binding: Paperback
• Number of pages: 560