Publisher's Synopsis
Excerpt from Reports of Cases in Chancery, Decided by Lord Cottenham, Vol. 1: Commencing 7th July, 1846; With Which Are Interspersed Some Miscellaneous Cases and Dicta, and Various Notes
Reporter had in view in compiling his former volume (see the short preface to it), sufficiently explains the insertion of the cases liable to that remark. Besides it will be seen, as regards the present Part, that some of those cases are cases in which, plain as they may be thought, the Court below has nevertheless erred, and its judgment has been reversed by the Lord Chancellor; whilst other cases in this and future Parts relate, as it will be found, to points belonging to our unwritten practice. These points are free from difficulty and trite, it is true, to the Chancery barrister, whose name occurs in the volumes of Merivale and Swanston; but they are strange and perplexing to a large proportion of his professional brethren, whose career has com menced at a later period.
Something must be said here respecting the long notes appended to some of the cases. These notes are of two kinds - practical and historical. In the former, the cases are abstracted and classed, in order to exhibit the con?ict of decision, should any such exist, and to assist in the preservation of uniformity in future. In the latter, the only object has been to remind the young barrister of some step in the progress and development of a particularpractice or doctrine - not for the purpose of citation - for the history of our principles and procedure can seldom be seasonably, or usefully, introduced in the argument of a cause - but for the purpose of facilitating a safe abridgment. This sort of historical knowledge is indispensable, mainly be cause it enables its possessor at once to determine what are the topics and the authorities, which are likely to assist the judge, whom he addresses, in coming to a conclusion (any others only serve to encumber his note-book) -and passing over, how ever reluctantly, Choyce Cases in Chancery and The Labours of Master William Lambarde, to proceed at once to the decision of Eldon, Redes dale, or Grant, that shows what, after the changes operated by two centuries, is the actual, working, rule of the Court.
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