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Injunctive Law Enforcement: Leaven Or Secret Weapon, Frank E. Maloney Dec 1949

Injunctive Law Enforcement: Leaven Or Secret Weapon, Frank E. Maloney

Mercer Law Review

The historical development of English law resulted in the division of the law into three main branches: common law, equity, and criminal law. The common law as administered by the king's court developed into a rigid system of formal actions, with relief by way of money damages as the one remedy in personal actions. This development, together with the growth of highly technical rules of pleading, left many situations in which no adequate relief was available in those courts; and the resulting inflexibility of the system led to the growth of equity, under which the king's prerogative might be exercised …

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Courts On Trial: Myth And Reality In American Justice, By Jerome Frank, Fred Rodell Oct 1949

Courts On Trial: Myth And Reality In American Justice, By Jerome Frank, Fred Rodell

Indiana Law Journal

No abstract provided.

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Address To Graduating Class January, 1949, D. Gordon Baker Jun 1949

Address To Graduating Class January, 1949, D. Gordon Baker

South Carolina Law Review

No abstract provided.

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Coming Into Equity With Clean Hands, Zechariah Chafee, Jr. May 1949

Coming Into Equity With Clean Hands, Zechariah Chafee, Jr.

Michigan Law Review

The most amusing maxim of equity is "He who comes into Equity must come with clean hands." It has given rise ,to many interesting cases and poor jokes. The maxim has been regarded as an especially significant manifestation of the ethical attitude of equity as contrasted with the common law. Pomeroy, for instance, argues that the principle involved in this maxim is "merely the expression of one of the elementary and fundamental conceptions of equity jurisprudence." Pomeroy's theory is that chancery has power to force a defendant to comply with the dictates of conscience as to matters outside the strict …

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Sanders: Juvenile Courts In North Carolina, Michigan Law Review May 1949

Sanders: Juvenile Courts In North Carolina, Michigan Law Review

Michigan Law Review

A Review of JUVENILE COURTS IN NORTH CAROLINA By Wiley B. Sanders.

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Nuisance Or Negligence: A Study In The Tyranny Of Labels Apr 1949

Nuisance Or Negligence: A Study In The Tyranny Of Labels

Indiana Law Journal

No abstract provided.

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Res Judicata-Use Defensively Of Former Judgment By One Not A Party Or In Privity With A Party To Former Action, Richard H. Conn Apr 1949

Res Judicata-Use Defensively Of Former Judgment By One Not A Party Or In Privity With A Party To Former Action, Richard H. Conn

Michigan Law Review

Plaintiff sued defendant in a federal district court to foreclose a mortgage lien alleged to exist on defendant's land in consequence of a loan by plaintiff to defendant's predecessor in title. Defendant's land was but a part of the tract originally encumbered. In a prior action in the state court, plaintiff had sought foreclosure of the same mortgage against the holder of another parcel of the mortgaged land on the precise grounds now asserted against defendant. In that action it was held that the entire mortgage had already been discharged. Defendant moved for summary judgment, contending that the former decision …

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Federal Civil Rights Legislation And The Constitution, Frank K. Sloan Mar 1949