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Senate. Comm. on the Judiciary. Letter of Chief Justice Parker, 1827
Senate no. 2 The Senate Committee on the Judiciary received a letter from Chief Justice Parker dated January 4, 1827 that it shared with the House?
Justice Parker brought up two difficulties he thought the Legislature could fix. In several recent laws, the Supreme Court had been given
jurisdiction over equity cases. The cases were complex, requiring many filings, motions, and interrogatories. They took lots of time, both in and out of court
and put a huge strain on the clerks. There were not many lawyers with experience in such cases, which put more pressure on the system. Furthermore,
the fee system did not work well for these cases, so it was essential to allow the Court to determine fees on a case-by-case basis. The Supreme Court
felt it was essential to set up a separate Court of Equity. The other issue was that when a plaintiff in a case died, the case was over. Justice
Parker felt this was not justice; the heirs or agents of the plaintiff should be able to continue the case if they chose. "It is the part of wise men to
profit by experience in order to bring the administration of justice as near to perfection as possible." (Digitized from a microfilm copy of title
originally held by the Massachusetts State Library).
Title:   Commonwealth of Massachusetts. In Senate January 6, 1827 : the Committee of the Senate on the Judiciary to whom was referred an order to inquire whether any amendments are necessary in the laws, giving jurisdiction in equity to the Supreme Judicial Court, report in part, a letter which they have received from the Honorable the Chief Justice of that Court for the information of the Senate. James T. Austin, for the Committee.
OCLC Number:   1381685529
Available Volumes
NameFiche CountOnlinePaper Backup
Vol. 1YesNo