Treatise on Equitable Remedies (Volume 5) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1919 Excerpt: ... 664. Same--Continued. 665. Same--Unauthorized appearance of attorney. 666. Same--Miscellaneous. 667. Meritorious defense must be shown. 668. Jurisdiction to grant new trials at law. 669. Effect of statutory remedies. 670. Injunctions against proceedings in foreign jurisdictions. 671-674. Injunctions against executions. 672. Same--Real property. 673. Same--Property of third persons. 674. Same--Not for mere irregularities. 2058. ( 637.) Origin of the Jurisdiction. --"The use of injunctions to stay actions at law was almost coeval with the establishment of the chancery jurisdiction. Without this means of interference to protect the rights of its suitors, the court of chancery could never have established, extended, and enforced its own jurisdiction.2 It is no exaggeration to say that, during its formative periods, the equitable jurisdiction was built up through the instrumentality of the injunction restraining the prosecution of legal actions, where the defendants sought the aid of chancery, which alone could take cognizance of the equities that would defeat a recovery at law against them. This was not accomplished, however, without a long and severe opposition from the common-law judges, which continued until the reign of James I. The jurisdiction then firmly established by judicial authority has never since been questioned. The reasons urged by the common-law judges were frivolous. The injunction is not addressed to, nor does it operate upon, the courts of law; instead of denying or interfering with, it virtually admits and assumes, 1 This chapter is cited, generally, in Orban v. Northwestern Fire & Marine Ins. Co., 169 Mich. 404, Ann. Cas. 1913E, 73, 135 N. W. 252....