New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-07-23
Law Ver-u. Equity.


CLARENDON, affs 20 } June ~ l-fI
To n, Editor # The Tribuns:
Some weeks since saw in the Tribune propo-
-iiion to abolish the distinction between Law and
Equity" a recent occurrence inclined me strongly
70 that position. One day last week dropped into
the Cour, House in this county to hear trial Of
some importance then pending between two OF my
neghbors The defendants counsel had just moved
for nonsuit \ number Of points were raised,
the main one being on the ground that the defendant
had received no consideration and the plaintiff no
damage whatever nor was likely to in consequence
of the failure Of defendant to perform on certain
coutrac, for which the suit brought After
two or three hours Of ucid and elaborate discussion
by counsel the first Judge gave the opinion OF the
| Court that the motion could not be granted and
that the measure Of damages ought to be $500, the
| amount embraced in the contract
| The Court went TO say in substance. that not
withsianding it would be papable injustice tor the
defendant TO pay judgment OF this sort, on such
an issue vet he could have no relief at that Court
The defendant had strong equitable claims but
must seek relief IN another form al another tribunal
where Justice would be probably done him -
| Cold comfort But 10 sum mp the whole N q
single line that the well settled principles OF lar
| long established prevent this Court from dong
justice. ,,..
The Judge being man Of acknowledged ability
and a GOOD LAWYER we could do no less than believe
the decision correct, bui few Of Us farmers having
travelled through the absiru=e subiletics OF these
dark chambers of l0r barb0rism, | took II Tor
granted that the Court had decided according 70
| Lic-I began to rumiuate on this wise Here said
| + we have built Court House. fenced yards-sei
ap fixtures. &c, are now paying Court Jury men
and constables including other expcnces amounting
in all to o large 20 come out of the pockets OF
the taxpayers. ! one Of them and all this, a. We
| supposed 10 establish a seat OF Justice. when lI
| fact il turns ont to be nothing but Law Mil
with Justice and Right turned ont Of doors For
the moment was almost irre-istibly led nearly to
| another extreme where some Of our citizens have
placed themselves that i 10 abolish all laws Tor the
| collection OF debts-Perfeci mOckery thought -
II fie rel settled puHc,ples n lar iorbids man
| Justice away with such laws
Every citizen. however humble understands tn,
principles Of right and and this j. the fonn
dation Of all law and justice equity which should
always harmonic. and If we have laws that stand
IN conflict with these principles let not only the d-
tnction between Law and Equity bat the law
themselves be abolished Or put out OF use Ihink
! in, ia this wise came 10 the conclusion that " 10"
| ING II under present system j. mere game %
chance and De that plays the most skiiuily j. the
best fellow the lawyers taking the stakes or
looking into the bar thought how time had changed
why -ad ! formerly one lawyer could manage
an ordinary suit but 1t takes a. many on ciihe
side a. il did devils 90 watch the old Deacon-i''
or six AT least
The Jury sustained this beautiful harmony OF law
and ia slice by mulctng the defendant in a udgmen
of between three and four hundred dollars tot
which he never received a cent 10 put into the pock
cts of his adversary that which never cost HIM
cent and thereby encourage the one IN turtle
agrressions aud leave the other 10 get out OF the
scrape as best he may.
Now, sir. as there will be doubtless much discus
sion among the People hcncei0rwaid ON our mon
sirous law system. respectfully propose the fol
lowing resolution for the consideration OF the pub
lie and should see published will take the ahrma
tive and offer some reasons ia lis support
R,sored. That the Jurisdiction of Justice Courts h
e,.tcudel io five hundred aolar--aI judgments undt
one hundred be- rna--ill Judgments over one Aundre
and under five hundred duar- may Doe npp' rd fN fh'
Justice of The county and fp.r decision b, hnu Tia
either fhr county or Circuit Court hr abolished and h
one that -ul be- retained hold term once year only
for purposes Of Important bu.ne-s-'ncrd la'rIifrrs
SC n FOO the counfc- Of ihc state ihe City and count.
| of New York always excepted
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