INTRODUCTORY. SECTION 1. NATURE AND OBJECT OF EQUITY PLEAD ING. The subject of equity pleading is concerned with those rules by which the procedure in equity cases is determined. The object of equity pleading, is to inform the court of the nature of the claim, and of the defense, and to bring the parties to an issue to be decided by the court. SECTION 2. COMPARISON BETWEEN EQUITY PLEADING AND PRACTICE AND COMMON LAW PLEAD ING AND PRACTICE. The greatest difference between the method of procedure in equity and in common law cases is found in the fact that in an equity suit there are (with a few exceptions which will be noted elsewhere) no juries, and questions of fact, as well as of law, are determined by the judge. The system of equity pleading is much more simple and less technical than the system of common law pleading. |