Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1856-08-19

ter gentleman and q statesman
WILLARD'S EQUITY JURISPRUDENCE.
A TREATISE on EquIrY JURISPRUDENCE. BY JOHN
WILLARD, L. l.. D., late one Of tie Justices ot me
Supreme Court Of the State Of Ne,c York. Aiba-
nvaud Ncr York GovI, Banks g. Co. 1885,
From A. Morris, Richmond, Va
One outside of New York, would scarcely have
expected treatise Of this kind to emanate at this
time from that State. The recent blending there oi
equity and common law jursdctions,it was supposed
had 30 obterated the distinctions formerly had, aud
so marred or confounded the principles formerly es'
tabshed as TO have rendered work on equity Juris-
prudence comparatively useless undertaking. This,
however, is mistake. To practice the law in that
State the author informs us, equally as
and important now to master the doctrines Of acouri
of equity as heretofore. And it may be questioned
whether familiarity with the principles OF equity Iu-
rsprudeEct is necessary since the oleha
ing of all actions into one single form hHs probably
cast doubt over the rights they were designed 10
| protect. We are gratifed that our neghbors have
not so far drifted from the old moorngs as TO render
the decisions Of their courts, in questions OF equity Ju
risprudence of no utility elsewhere. Believing, as We
do that the principles of equity like the law OF right
reason and OF nature should be always and every
the same, we should regret any innovation when
should impair deface the noble structure OF sollo
Justice which has been reared by the wisdom and en-
perience of ages and has everywhere commanded the
| admiration of the wise, the learned and the good
Equity as distinct from common Law, yet remains
mart Of the Jurisprudence OF New York, and the
changes sought to be made must be much more radi-
cal than they have yet been entirely to oblterae the
differences between ihetwo While the outward forms
OF procedure are assmated the essential character
isc differences have been preserved, and II Is the
purpose of Justice Willard in the treatise before U.s.
to lay open the principles Of equity to the same eI'
tent as if these changes had not been MADE. "hhe'
of course, his book n treating OF It's various topcs'
sets forth the local statutes Of New York. and the
notifications introduced by the Code OF PROCEDURE
and the recent Constitution Of that State, It likewise
sets forth all those fundamental and essential prnci'
Piles OF equity Jurisprudence which obtain alike IN tne
several States in the Union. Its, therefore, OF value
in Virginia and, we think rs an admirable compen'
dunn Of equity law it will win its way to the favor
OF the profession.
Justice Willard ia, we think, more specific and MI
mute in his treatise than Justice Story was in his -
While the work Of the latter unquestonably merits
the high commentator il has received, both ID this
country and England, it certainly did not leVen al
the date of i:s pubcatiou) exhaust the learning on
any of tn. important topics it discussed Mr. Story
ditfuse style rendered it mpracticable TO embrace IN
the scope Of q couple of volumes, all or even the
greater part OF what was to be found IN the authori
ties concerning the subjects OF his sections Justice
Wilards treatise in this regard, is decidedly supe
rior. Ia fewer words he mparts 10 us all that Is 10
be learned OF the principles settIedu the cases he
cites There also another characteristic OF this trea
tse which vndicates it's superiority IN some few par
tculars to Storys work. The student OF Storys vol
ume is not unfrequently mystihed and contounded by
the mass of exceptions and limitations which the
writer has given to the general rule he Announces
At times after announcing rule Of this kind, there
follow twenty or thirty sections Of such exceptions
when the next general rule or principle is announced
to be- overburdened, before, with exceptions And
this, too, without at all times in the text rendering II
apparent TO the student when the lmtstions TO the
preceding rule have terminated and the next genera
uripciple is asserted Mr.. Willard has, as far as
practicable avoided this defect He has SO publi'h'
ed his book as clearly to distinguish every genera
principle announced with the exceptions Ii we mao
space we should make extracts from the Work 10 Illus
trate the manner in which it has been executed. we
can confidently recommend it to the favor Oh
profession. They will thank us for introducing TO
| ,hs;r notics n hook which deserves 10 hold very
HIGH Mace in the legal literature OF the country.
We remember to have read some years ago pas
.,gs from Cicero, which might be used. perhaps,
more appropriately than any other, to set torth the
universally of those principles of right and justice
,rbicb 20 TO make up what is now known as the
eouity system. The writer is treating OF what he
calls ripM reason, and thus speaks OF 1t:
"Est quidem vera lex, recta ratio, naturae congru'
| ems ditfusa In omnes, cOnsans, seupIterna, quae
yocet ad Ufficum jubendo, yetando lraude deter
reat quae tamen neque probos rastra Juoet, aut We
tat; nee inprobos jubrndo aut vetando moVet; Huic
legi abrogarl tas est, neque derogari e1 nae AL
auld llcet; ueque tOa sbrogai polest Nee Fero au'
| p.r senatun aut per populum sov hac lege pos
sumus; neoue est quae rendus r1p!anetor aut INFER
pres ejas alius. Nee crit ala lex k"nae, aha Atnenis
ALA nuuc, ALA pnsihac; scd omnes genes el oihh
empore una lex ~ seinpiterha iInmutabiiis con'I-
neDii,; unu.que crit communis quasi nagist-r ct I'm
| peratnr unnium Deus. lille iegIs huJus lhVe"p'i
disceptaor latori cu qui non pareot ipSe 80 'us
ac naturarn homnis aspernatur; aque noe p. ~.
mnxImss poenas etlamsi caetera 6uppiic'a' 4u0' ~
tautur, etugerit.
| Ibis language has oeen ieeo'y
dern writer thus: "Right reason 10 inueeu 40
agreeable to nature, common 10 Ill '''e'' 0o.n'
mnutable, eternal. 1t prompts 'n'n 10 'nei su's W
its command and deters them from eVii oy us prom
htoDs II is not allowed TO retrench any part OF 'h'
lave or TO max. any alteration therein, much less 10
,ho,,.b it entirely. Neither the Senate nor the Peo
- can dispense with it, nor does it require any in
,srnrea,ion being clear of itself and nellSlble 1t
:, ,bs same at Rome and Athens the same to-day
and Tomorrow. II is the same eternal and nvars'
BILE law, given at times and places, to all nations
and is one everywhere the master and sovereign OF