they may have the appearance of doing justice in the particular case, always tend to bring the administration of justice into discredit with those whose instincts are in favor of the firm adherence to principle, and trusting consequences to Him with whom are all the issues of life.]

construed as mortgage, when

ACCELERATION OF PAYMENT OF DEBTS,

when allowed in equity

ACCIDENT,

554
555

1018 et seq.

necessary circumstances to sustain the jurisdiction 79, 80, 81, 109

when remedied at law.

relief in cases of lost bonds and instruments

the grounds thereof

on condition of the party's giving indemnity.
where relief is sought, affidavit of the loss required.
otherwise where discovery only is sought

three cases for discovery and relief on lost instruments,

stated by Lord Hardwicke

relief in cases of lost notes, and the grounds thereof
jurisdiction over lost notes not sustained, upon the mere
fact of loss

where the lost note is not negotiable

the loss, if not admitted, must be established by proofs.
relief against penalties, and the grounds thereof .

82, 85
82, 83, 88

of executors and administrators in respect of assets
in case of .

of an unpaid legatee against other legatees

apportionment of premium in account of.

ACCIDENT-Continued.

ACCOUNT,

a revolution treated as an accident

so, where stock is reduced by an act of Parliament
where there is a defective execution of a power by acci-

dent

94 to 97, 169 to 179

where trusts in favor of particular persons fail in being
executed

where a will is cancelled, supposing a later one executed
confusion of boundaries by

omission of indorsement by.

cases of, in which no relief will be granted.
where there is a positive contract

where premises are destroyed by fire or light-
ning.

where express covenant to pay rent

where parties stand equally innocent.

where the accident arose from gross negligence
or fault . .

where both parties stand upon equal equities
where a party has not a clear vested right
in case of a bonâ fide purchaser without notice
grounds of equitable jurisdiction in cases of
whether accounts are cognizable on account of
(See MISTAKE.)

concurrent jurisdiction of equity in matters of
origin and nature of the jurisdiction
inadequacy of remedy at law

when founded on obligations purely legal
assumpsit will lie for a balance of .

103

105

difficulties in the action of, at common law 442 to 449, 451,

suggestions of the parliamentary commissioners with
reference to

452,

504

use of the old action of

in what cases it lay

confined to bailiffs, receivers, and guardians in socage,

and merchants

did not lie against wrong-doers.

who were bailiffs and receivers in .

modes of proceeding in this action

448, 449

issues being certified by the auditors, would be tried
by the court and jury

448

in many actions of account, defendant may wage his law. 448
proceedings in courts of equity in suits for.
reference to and report of a master

ACCOUNT- Continued.

all parties may be brought before the court
foundation of the jurisdiction of equity over
because the remedy is more complete in equity

450 to 452, 453, 454, note, 457
455, 456, 458, 514

in order to obtain a discovery

whether on the ground of accident, mistake, or fraud,

it lies
incidents to matters of account, of which concurrent

jurisdiction is taken

.452, 511

.452, 457

difficult to ascertain the boundaries of jurisdiction over 455 to 457
Lord Erskine's opinion upon jurisdiction in ... 455, note
whether, where the court has jurisdiction for discovery,

where the accounts are on one side, and no
discovery is sought

when not found in privity of contract

jurisdiction in cases of agency

(See AGENCY.)

to prevent multiplicity of suits

457 to 459

. 458, 459
460

462 to 468

462 to 464

where no preliminary objection is taken to

between trustees and cestui que trust

between tenants in common and joint-tenants.
between part-owners of ships

between partners

in cases of tort.

467, 511, 512

defendant is entitled to orders in the

cause