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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 Scientific and Literary Treasury: A New and Popular Encyclopedia of the ... - Page 248
by Samuel Maunder - 1843 - 832 pages
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A Digest of the Laws of England, Volume 1

Sir John Comyns - Digests, etc - 1822 - 838 pages
...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, and rational 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
...and a court of equity. 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. But the very terms of...
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Commentaries on the laws of England. [Another], Volume 3

sir William Blackstone - 1825 - 568 pages
...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, 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. But the very terms of...
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The Book of the Constitution of Great Britain

Thomas Stephen - Constitutional history - 1835 - 810 pages
...of redress is pursued in each. Equi/y, 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
...another place, where he says, " Equity, in its true and genuine meaning, is the soul and spirit of all law; positive law is construed, and rational law is...it. In this, Equity is synonymous with justice; in that, to the true and sound interpretation of the rule." 4 § 7. In this sense Equity must have a place...
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The English Constitution: A Popular Commentary on the Constitutional Law of ...

George Bowyer - Constitutional law - 1841 - 742 pages
...interposes. " Equity," says Blackstone, " 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." The same principles manifestly apply where the words of the law do not expressly comprehend some case...
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The British and Foreign Review: Or, European Quarterly Journal, Volume 14

English periodicals - 1843 - 740 pages
...equity ^[." And again : " Equity, 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 interpreta"tionoftherule**." * Braeton thus defines...
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The Monthly Review

Books - 1843 - 574 pages
...Justice Blackstone has said that " Equity 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." And yet this is not the...
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A Law Dictionary, Adapted to the Constitution and Laws of the ..., Volume 1

John Bouvier - Anglo-Norman dialect - 1843 - 752 pages
...In an enlarged legal view, " equity, in its true and genuine meaning, is the soul and spirit of the law ; positive law is construed and rational law is made by it. In this, equity is made synonymous with justice ; in that, to the true and sound interpretation of the rule." 3 Bl. Com....
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A Popular and Practical Introduction to Law Studies: And to Every Department ...

Samuel Warren - Law - 1845 - 1174 pages
...that "in its true and genuine meaning, Equity is the SOUL AND SPIRIT OF ALL LAWS. — Positive lawis construed, and rational. law is made by it : — in this, equity is synonymous with justice: in that, with the true sense and sound interpretation of the rule."* Thus comes it to pass, that law and...
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