Definition of EQUALITY


EQUALITY

Possessing the same rights, and being liable to the same
duties. See 1 Toull. No. l70, 193, Int.

2. Persons are all equal before the law, whatever adventitious advantages
some may possess over others. All persons are protected by the law, and
obedience to it is required from all.

3. Judges in court, while exercising their functions, are all upon an
equality, it being a rule that inter pares non est potestas, a judge
cannot, therefore, punish another judge of the same court for using any
expression in court, although the words used might have been a contempt in
any other person. Bac. Ab., Of the court of sessions, of justices of the
peace.

4. In contracts the law presumes the parties act upon a perfect equality,
when, therefore, one party uses any fraud or deceit to destroy this
equality, the party grieved may avoid the contract. In case of a grant to
two or more persons jointly, without designating what each takes, they are
presumed to take in equal proportion. 4 Day, 395.

5. It is a maxim, that when the equity of the parties is equal, the law
must prevail. 3 Call, R. 259. And that, as between different creditors,
equality is equity. 4 Bouv. Inst. n. 3725, 1 Page, R. 181. See Kames on Eq.
75. Vide Deceit, Fraud.


Source: Bouviers Law Dictionary 1856 Edition

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