Excerpt from Commentaries on Equity Jurisprudence, as Administered in England and America, Vol. 1 of 2

Civil Law. Of course the reader will not expect to find in these Commentaries a minute, or even a general survey of all the doc trines belonging to any one branch of Equity Jurisprudence; but such expositions only as may most fully explain the Nature and Limits of Equity Jurisdiction. In order to accomplish even this task in any suitable manner, it has become necessary to bestow a degree of labor in the examination and comparison of authorities, from which many jurists would shrink, and which will scarcely be suspected by those who may consult the work only for occasional exigencies. It will be readily seen that the same train of remark, and sometimes the same illustrations, are repeated in different places. As the work is designed for elementary instruction, this course seemed indispensable, to escape from the inconvenience of perpetual references to other passages, where the same subject is treated under other aspects.

The work is divided into three great heads. First, the Concur rent Jurisdiction Of Courts of Equity; secondly, the Exclusive Jurisdiction; and thirdly, the Auxiliary or Assistant Jurisdiction. The Concurrent Jurisdiction is again subdivided into two branches the one, where the subject-matter constitutes the principal (though rarely the sole) ground of the jurisdiction; the other, where the peculiar remedies administered in Equity constitute the principal (though not always the sole) ground of Jurisdiction. The present volume embraces the first only Of these branches of Concurrent Jurisdiction. The remaining subjects will be fully discussed in the succeeding volume. I hope also to find leisure to present, as a fit conclusion of these Commentaries, a general review of the doctrines of Equity Pleading, and of the Course of Practice in Equity Proceedings.

In dismissing the work to the indulgent consideration of the Profession, I venture to hope that it will not be found, that more has been promised than is performed; and that, if much has been omitted, something will yet be found to lighten the labors of the inquisitive, if not to supply the wants of the learned.

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