The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1918-09-24

schools realizing for change of system beginning to
teach Civil Law part of their curriculum
early development founded tradition
So passing through its formative period that
it administered accord
justice and equity But in course OF time
established by the decisions OF the Judges which
succeeding Judges acts the
precedent without enching
upon already established Hence the law be-
positive nfexb therefore
ing apply the rules of justice and equity
emphasize the fact that there time since the
history when they did not have full
make their decisions conform the principles
reason justice and equity -
The dissatisfaction the
from the fact could not dis
justice equity There has not been sufficient fexiby in its
administration to meet the demands of the times
Pomey Equity Jurisprudence, thus clearly and briefly points
equity system of uspru
expensive the law confined within
its administer justice and grant the
of remedies needed in the manifold relations OF society non
pete English American system of equity prescribed and
the national jurisprudence
WHOLE adequate oprehen
principles inherent capacity
of succeeding generation and
and primary remedial rights and remedies
by its fixed methods and remedial SYSTEM
regular development to
which therefore either taci omitted
the somewhat arbitrary and
ure of the law its STAGE these doctrines and rules
equity Intentionally consciously based the principle Of
morality hanceos who borrowed the u principals from
moral code and openly them into their
which has since preserved Its great principles which are
sources failing of its particular rules
quionaby principles right justice and morality the
jurisprudence; these
incorporated into the system and being essentially
vitality
jurisprudence which
follows department.
whole just and moral its creation of rights and
which the 1aww AS
necessity ntagon Constructions of the question:
suggest following form of Act be adopted by the legislature
That shall be the policy of the Courts of this State conue both
substantive accordance with the spirit rather than the
letter thereof and that full force effect shall be the intention
parties whether arising the equity side the
This will avoid technical constructions silence criticism
only passed by the Legislature but should
mind that solemn duty imposed the courts this respect
failure the law Judges discharge their duty al
technical arbitrary and construction only their
substantive law that has much dis
the law and equity
Jurisprudence marked warrant such conduct
part the common law Judges.
During the the procedure did
judgments the
the specific property
Judges only refused adopt regarded
with rules procedure of Importance than the merits of
the 80; .:ar' A ~,~:-''."'''
avesty upon justice allow two modes n
determining rights make the result depend
the question: whether the parties entitled to legal
equitable single double standard DEPENDENT
upon uncertainty of jurisdiction.
assigned those who m that the Law
superior that renders the law stable and
based pecedents 1t true the
law early history but
following the pecedents
equity recognizes
the law Furthermore
arising strict adherence preceden, after they
ceased mbOdy living principles renders the law itself
that which has been suppnted by
conditions, and has become obsolete.
The fexibiy of equity applying its principles to condtons
be said uncertainty On the contrary makes
should be the principal object of
for practical It listens metaphysical sub
will regard that right which
be stated general PROPOSE