Excerpt from Notes on Equity Pleading and Practice in Massachusetts

The following pages arc the result merely of the habit of making notes of eases and other authorities referred to on questions of pleading and practice in equity, discussed or examined in the first division of equity of the Superior Court in Boston, in the last few years, and were made merely for handy reference in future eases, with no thought of publishing them, or of their use by others, but it has been suggested that they may he of some use, at least to younger members of the bar, if made accessible: if that shall prove to be the ease, the slight labor of putting them in the form here presented will be fully compensated.

On many points, a few only of the cases originally noted, are cited here, these, of course, are the latest, for they are the better authority. In many cases, "The older precedents in equity, " said Sir George Jessel, M. R., "are of very little value. The doctrines are progressive, refined, and improved, and if we want to know what the rules of equity are, we must look rather to the more modern, than to the more ancient cases." In re Hallett's Estate, 13 Ch. Div. 710 (1879).

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