Document Type

Article

Publication Date

1913

Abstract

On November 4, 1912 the Supreme Court of the United States, by formal order, adopted and established a code of rules for the courts of equity of the United States, which should take the place of all rules theretofore prescribed by the Supreme Court and then in force. Rule 81 provides: "These rules shall be in force on and after February 1, 1913, and shall govern all proceedings in cases then pending or thereafter brought, save that where in any then pending cause an order has been made or act done which cannot be changed without doing substantial injustice, the court may give effect to such order or act to the extent necessary to avoid any such injustice. All rules theretofore prescribed by the Supreme Court, regulating the practice in suits in equity, shall be abrogated when these rules take effect." In pursuance of said order the rules so promulgated now regulate the procedure in the federal courts of equity. Yielding to a request which he is willing to regard as a demand for the discharge of an obligation, the writer ventures to submit some observations on the authority for making said rules, the occasion of their making, the manner in which the work was done, and the changes wrought by them in the equity procedure of the federal courts.


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