Excerpt from A Treatise on the Discovery of Evidence The origin of the jurisdiction of the Court of Chancery for discovery only was the refusal of the courts of common law to receive the evidence of the parties to an action, on the ground that, having an interest in the result, they might be tempted to commit perjury. Having obtained jurisdiction in this manner for discovery, the court proceeded to entertain the cause for relief, wherever fraud, accident, or mistake made the dispute one of equitable cognizance. It did ...
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Excerpt from A Treatise on the Discovery of Evidence The origin of the jurisdiction of the Court of Chancery for discovery only was the refusal of the courts of common law to receive the evidence of the parties to an action, on the ground that, having an interest in the result, they might be tempted to commit perjury. Having obtained jurisdiction in this manner for discovery, the court proceeded to entertain the cause for relief, wherever fraud, accident, or mistake made the dispute one of equitable cognizance. It did this in order to prevent multiplicity of actions. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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