exception that the statement of facts has often been removed from the opinion and condensed from the rendering therein as well as from the preliminary statement in the report of the case. Wherever the condensation of the statement of facts is not mentioned in a foot-note, it is indicated by an asterisk (*). Exhaustive citation of cases in the foot-notes has not been attempted. for reasons already given, but references have been given to places where full collections of authorities may be found, such as Pomeroy's treatise on Equitable Jurisdiction (the fourth edition). Especial attention has been paid to law review material, in finding which the Index to Legal Periodicals has been indispensable, a publication deserving far wider use from practitioners than it receives. Where the editor has cited cases, he has endeavored to select them on the principle that every case mentioned should repay the law teacher for the labor of reading, after the manner of the annotations in Professor Wambaugh's case-books. A considerable number of cases have been stated as problems without the result, a scheme suggested by Dean Wigmore's Cases on Torts. Numerous short extracts from judicial opinions have been furnished for certain important questions. In this subject the differences between judges are oftentimes differences of degree in their statement of a principle rather than the sharp clashes of result which occur in other parts of the law. It seems more profitab'e to present such diverging statements in brief than to multiply the number of complete cases. In conclusion, the editor acknowledges his great indebtedness to the many other teachers of Equity whom he has consulted during the preparation of this book for the suggestions which they have generously furnished, particularly to Professor Horack of Iowa for advising the including of Romano v. Birmingham Ry. L. & P. Co., and Bushnell v. Robeson, to Professor Stevens of Cornell for the use of the late Dean Huffcut's classlist of cases, from which two decisions have been taken (Goodyear v. Day, Centennial Catalogue Co. v. Porter), to the staff of the Harvard Law Library for their continuous assistance, to his colleagues for advice on plan and details, and above all to Dean Pound, whose teaching notes have furnished a large portion of the references and who, though the busiest of all men, never lacks time to help others. September, 1924. CONTENTS ERRATA The following corrections should be noted on the margins of the Page 21, Langdell extract, line 1, insert quotation marks at be- Page 37, Smith v. Collyer, line 4, insert "not" before "recollect." Page 56, note, line 3, last word is "Winnepisiogee." Page 77, note, last line, change "Cortlander" to "Kortlander." Page 88, note, 2d par., line 5, change" 72" to "70." Page 88, note, add quotation marks at end of 4th par. Page 91, note, line 3, change "Marline" to "Masline." Page 91, note, line 10, change "employer" to Page 107, note, 6th par., add: "Bourjois v. Katzel was reversed, Page 115, note, line 1, Rey v. Couturier was affirmed in [1910] Page 162, note, line 5, change " 798" to "801." Page 173, note, line 1, citation is "1 Myl. & Cr." Page 181, note, 5th par., quotation from Soltau v. De Held, last Page 191, line 7 from bottom of text, change "and" to "with." Page 203, note, line 1, citation is "Cr. & Ph." Page 205, note 2, 3d par., citation of I. C. C. v. So. Pac. is “137 Page 206, add quotation marks at end of extract. Page 208, note, last par., change "Normandy" to "Normanby." Page 218, note, line 2, change "division" to "diversion." Page 235, note, 3d par., line 9, change citation of Daniels v. exception that the statement of facts has often been removed from the Exhaustive citation of cases in the foot-notes has not been attempted. Section I. Specific Relief: Types and Scope of Injunctions. The Origins of Prevention and Specific Reparation of Torts ... (C) Early Chancery Cases The Early History of Waste in Chancery The Effect of "Without Impeachment of Waste " The Effect at Law Theories of Equitable Waste Rights in the proceeds of Equitable Waste iii |