The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The result came to be that for several hundred years, embracing
the whole colonial period, England had two distinct sets of
courts, acting under different rules, and each trying a different
kind of cases. Those involving questions of trust, account,
fraud, mistake or accident, were the principal subjects of
equitable jurisdiction. Equity also could prevent wrongs, while
law could only punish them.[Footnote: See Chap. XX.] It was not,
however, always easy to mark the line between cases, and say
which belonged in the common law tribunals and which in those of
chancery. Many an action failed, not because there was no just
cause of action, but because it had been brought in the wrong
court.
In the American colonies, and for many years in the States which
succeeded them, these distinctions of procedure were generally
observed.[Footnote: In Pennsylvania the courts largely
disregarded them and asserted that equity was a part of its
common law. See Myers _v._ South Bethlehem, 149
Pennsylvania State Reports, 85, 24 Atlantic Reporter, 280.] In
some there were, in some there still are, separate courts of
equity held by a Chancellor, aided, if necessary, by
Vice-Chancellors. In others two dockets or lists of cases were
(and in a number of them still are) kept in the same court, and
the same judge disposed of those on one docket as a court of
equity and of those on the other as a court of law.
Such a system is intrinsically absurd. It has been maintained by
whatever States yet tolerate it for two reasons: because the
lawyers and the community are used to it, and because it
furnishes a convenient test of any claim of right to a jury
trial. All our State Constitutions have some provision for
maintaining such rights, but they do not define the cases in
which the right exists. That is left to the courts, and their
rule is that it cannot be claimed in cases that call for
equitable as distinguished from legal relief.
In most of our States and Territories legal and equitable causes
of action or defenses may now be joined, and legal and equitable
relief given in one suit. This reform in procedure was largely
due to the labors of David Dudley Field, and became general
throughout the country during the last half of the nineteenth
century. The result has been that separate courts of equity are
now to be found only in a few States.
Public-domain text, read in full here on John Shaqi.
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