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" Equity, then, in its true and genuine meaning, is the soul and spirit of all law: positive law is construed, and rational law is made, by it. In this, equity is synonymous, to justice; in that, to the true sense and sound interpretation of the rule. "
The popular encyclopedia; or, 'Conversations Lexicon': [ed. by A. Whitelaw ... - Page 79
by Popular encyclopedia - 1846
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A Digest of the Laws of England, Volume 1

Sir John Comyns - Digests, etc - 1822 - 838 pages
...become the daily practice of the court. 3 Com. 51, 53. (A) 1. Equity in its true and genuine meaning, it the soul and spirit of all law : positive law is construed,...law is made, by it. In this, equity is synonymous to justice; in that, to the true sense and sound interpretation oi the rale. But the very terms of...
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The British Constitution, Or an Epitome of Blackstone's Commentaries on the ...

Sir William BLACKSTONE, Vincent WANOSTROCHT - Constitutional law - 1823 - 872 pages
...revenue ; and, like the other, consists of both a court of law and a court of equity. Equity then, in its true and genuine meaning, is the soul and spirit...law is made, by it. In this, equity is synonymous to justice; in that, to the true sense and sound interpretation of the rule. But the very terms of...
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A Digest of the Laws of England, Volume 2

Sir John Comyns - Law - 1824 - 814 pages
...process by bill and subpoena was become the daily practice of the court. 3Com. 51, 52. (A) 1. Equity ш its true and genuine meaning, is the soul and spirit...law is made, by it. In this, equity is synonymous to justice ; in that, to the true sense and sound interpretation of the rule. But the very terms of...
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Commentaries on the laws of England. [Another], Volume 3

sir William Blackstone - 1825 - 568 pages
...courts, must be often at a loss for materials. EQUITY then, in it's true and genuine meaning, is the sonl and spirit of all law : positive law is construed,...rational law is made by it. In this equity is synonymous to justice : in that to the true sense and sound interpretation of the rule. But the very terms of...
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The Nautical Magazine: A Journal of Papers on Subjects Connected ..., Volume 44

Naval art and science - 1875 - 1132 pages
...wronged he will be righted ; but not where the wrong is created for him. Blackstone observes that " Equity, in its true and genuine meaning, is the soul and spirit of all law." Surely, then, all statute law should aim at embodying equity in its provisions. In the case under notice,...
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The Book of the Constitution of Great Britain

Thomas Stephen - Constitutional history - 1835 - 806 pages
...Exchequer, yet the same system of redress is pursued in each. Equity, in its true and genuine import, is the soul and spirit of all law. Positive law is construed, and rational law is made by it. Nothing more is intended by equity than the sound interpretation of the law : the words of the law...
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Commentaries on Equity Jurisprudence: As Administered in England ..., Volume 1

Joseph Story - Equity - 1839 - 658 pages
...the reason of them, arises what we call Equity ;" 3 and more fully in another place, where he says, " Equity, in its true and genuine meaning, is the soul...to the true and sound interpretation of the rule." 4 § 7. In this sense Equity must have a place in every rational system of jurisprudence, if not in...
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The Legal Guide, Volumes 3-4

Law - 1840 - 946 pages
...their senses, or any other cause whatsoever, are unable to manage their own concerns. Equity, then, in its true and genuine meaning, is the soul and spirit of all law. Positioe law is construed, and rational law is made bv it. In this equity is synonymous to justice,...
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The English Constitution: A Popular Commentary on the Constitutional Law of ...

George Bowyer - Constitutional law - 1841 - 742 pages
...intended his law to apply to such a case. Equity necessarily interposes. " Equity," says Blackstone, " in its true and genuine meaning, is the soul and spirit...law is construed, and rational law is made by it." The same principles manifestly apply where the words of the law do not expressly comprehend some case...
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The Monthly Review

Books - 1843 - 574 pages
...court indicated by that term operates and has exclusive rule. Mr. Justice Blackstone has said that " Equity in its true and genuine meaning, is the soul...rational law is made by it. In this, equity is synonymous to justice; in that, to the true sense and sound interpretation of the rule." And yet this is not the...
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