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Show Poge 2 Sugar House, Utah Thursday March 20th. 1953 . INDEPENDENT The law has no power to command obedience except that of habit, which can only be given by time, so that a readiness to change from old to new laws enfeebles the power of the law. Aristotle (384-32- 2 B C) At the conclusion of last week's column we noted the merger of law and equity in the United States. We paid our respects to Dudley Field, the man whose name is attached to the code of laws en-act- ed by the state of New York in 1843 which accom- - mm. IC .: V islature of .the Territory of Utah, and the 1854 adoption of this substance of the Field Code continues its effect in the ad-ministration of Utah law today. The substance of this early pro-vision was: THERE SHALL BE BUT ONE FORM OF CIVIL ACTION FOR THE EN-FORCEMENT OF PRI-VATE RIGHTS AND THE REDRESS OR PREVEN-TION OF PRIVATE WRONGS. This declaration of public policy found its way into the Constitution of Utah upon its adoption on November 5, 1895, where it is to be found today under Article VIII, f 19, which says: "There shall be but one form of civil action, and law and equity may be administered in the same action." This provision of our Con-stitution has been defined in many cases coming before our Supreme Court. In one such case iC was said that the pur-pose of this section was to per-mit parties' to actions to dis-pose of all question, whether legal or equitable, in ane and the same action. In another TaTly-caseT-the court said fully recognized the function of equi-ty when it said, This section, does not authorize a disregard of the functions of law and equity; equity may only inter-cede where the law is inade-quate or Is impotent to prevent gross injustice or ireparable injury." Equity is Equality, Fairness; Enlarging, and Supplementing the Law. IT IS NOT THE OATH THAT MAKES US BE-LIEVE THE MAN, BUT THEMAN THE OATH. Aeschylus (525-45- 6 B C) See you next week. plished this mer-ger Mr. Maughan This union of the principles of the common law and the principles of equity put the ad-ministration of these two sets of principles into the hand of a single judge. That is to say, that thereafter it was not nec-essary to maintain two distinct courts; one given to equity and the other given to law. THE PRACTICAL RESULT OF THE MERGER The method used to accom-plish this union was one and the same as its result, i.e., by m legislative action all of the complicated and exacting forms of the common law under which a lawsuit was begun, were abol-ished. Only one form of action referred to a civil action. Under was recognized and that was this civil action anyone wishing to begin a lawsuit would state facts in his complaint which contained the elements of an offense against him, and ask for relief from the court. If the court needed to resort to the remedies of equity to give re-lief, it could do so. If the court needed to enforce the remedies available 'under . the common law, it could do so. If there needed to be an enforcement of both legal and equitable rem-edied to resolve the case at hand, the court would apply such mixture of legal and equi-tab- le remedies as was neces-sary. As we mentioned last week, this was a notable advancement justice. It provided a fluid and comparatively streamlined method of handling all litiga-tion. Not only did it make the administration of justice easier, it brought to bear the Chan-cellor's conscience upon some of harsher possisble results of a suit in the common law courts. In many cases it tempered jus-tice with mercy. EQUITY IN UTAH Equity in Utah really had its beginning in the State of Deseret six years after the promulgation of the Field Code in New York. It made its ap-pearance in the Laws of 1854, enacted by the Territorial Leg- -. Probate And Guardianship Notices NOTICE TO CREDITORS Estate of Vera L. Duffin, deceased. Creditors will present claimg with vouchers to the under-signed at 718 North 8th West, Salt Lake City, Utah, on or before the 7th day of July, A. D. 1958. ANN M. DTJFFIN, Administratrix, of the Estate of Vera L. Duffin, Deceased. RICHARD. J.. MAUGIIAN, Attorney for Administratrix. Date of first publication March 6th, A. D. 1958. Pub. dates Mar.6-13-20-- 27 NOTICE TO CREDITORS Estate of Lucy E. Colebrook. Deceased. Creditors will present claims with vouchers to the under-signed at the office of W. Douglas Allen, 2121 South State Street, Salt Lake City. Utah on or before the 7th day of July, A. D. 1958. FAYE IDXTON and EDITH WISEMAN, Co-Execu- trix of the Last Will and Testament of Lucy E. Colebrook, Deceased. W. DOUGLAS ALLEN. Attorney for Co-Execut- rix 2121 South State Street Salt Lake City, Utah. Date of first publication March 6th, A. D. 1958. Pub. dates Mar.6-13-20-- 27 AFFIDAVIT Ray E. Eldrege, being first duly sworn, deposes and says that he is the owner of THE MULTISAN COMPANY OP AMERICA, LOCATED AND DOING BUSINESS IN SALT LAKE CITY, UTAH; that the said Ray E. Eldredge Is the exclusive owner of the trade names, marks andor devices described herein, and are in use by him in the business of manu-facturing and distribution. He claims said trade names, marks andor devices are the same under which goods or mechan-dis- e are manufactured, pre-pared, handled, sold or distri-buted bv him. (signed) RAY E. ELDREDGE Subscribed and sworn to be-fore me this 5th day of March . 1958. Darrell M. Warnlck, , (seal) Notary Public Salt Lake City, Utah. SPECIFICATION TO ALL WHOM IT MAY CONCERN: BE IT KNOWN THAT Ray E. Eldrege of Salt Lake City, Utah, being engaged in the business of manufacturing and distribution, adopted for his use the trade names, marks andjor devices, of which the following is a description: 1) MULTISAN 2) MULTI-MINERAL- S 3) VTTATONIC 4) INGESTA 5) THE POCKET OR-CHARD What clean, refreshing shaves you get with a GfiMeihte light 0jT matched to REGuiAg7 your face ! $&t with Blue Blade yfpy Dispenser and Styrene case ( Call Emma For News - Advertising HU5-826- 1 i Survey and $100 Prize Contest I) SURVEY-BALLO- T To stimulate progressive planning for the Sugar House Community your opinion is Invited. Number, in order of importance, only projects that you feel need earnest attention NOW in the Sugar House area! PROJECT 1. Expanded library facilities? rj 2. Civic Auditorium? Where? p--j 3. Hospital facilities? r--. 4. Improved traffic plan and facilities? , . j--j 5. Additional recreational facilities? type? where? j--j 6. Tourist information center? j--j 7. Additional business facilities ? . . . , U 8. Additional public transportation? bus? taxi? q 9. Additional educational facilities? type? where? r--j 10. Other project: UJ Name Address Occupation The abov Siirwv-Ball- ot Snr should be placed In a SII! CONTENT" Pallet Hou,e or return to the Sugar House JAYCEES, Box 73 Sugar House Station- - Watch your newspaper for results of this survey. (II.) 5100.00 PRIZE CONTEST: Rules .v,r n lmJn TrdS r IesS name a Prot?ct ttat would improve Sugar Hoiise snd give your reasons for your choice. 2. Entries must be mailed to the Sugar House JAYCEES Box 73 Suw House Station or placed in the "SH! COMMENT" Ballot Boxes, no later than midnight, Anril 18, 1958. Sign each entry with your name and address. 3. No limit on number of entries one person may submit. 4. Anyone is eligible to enter (except the judges!) X , 5. All entries become the. property of the Sugar House JAYCFTS and Chamber of Commerce. 6. The winner in the decision of the judges will receive a prize of Si on no ,f free SHOPPING in any one' or more Sugar House Chamber of Commerce stores. . Sponsored by Sugar House Jaycees and Sugar House Chamber of Commerce. ' I FOR SALE SAVE $1,000.00 commission on California Redwood Ranch Canyon Mt. Mew home in City. Landscaped, sprinklers, screens, storm doors, carpet, drapes, appliances. Complete and re-duced to $21,950 one third down. 1350 Downlngton dial IN 6-8- 152 or ITU 51 CALL EMMA!! With Your Parties etc. HU5-826-1 IN7-173- 2 SOUTH EAST INDEPENDENT 2020 South Main Dial IIu 61 The South East Independent is entered as Second Class Matter, March 1, 1946, in Salt Lake City Post Office under the ac of March 3, 1879. It is published each Thursday morn-ing. The South East Independent Is published by the News Bulletin, Publishing Co. at 2020 South Main, Salt .Lake City, Utah. Subscaiption rates are $3.00 per year by mail or ten cents the single copy. Send all mail to box 136 Sugar House Station, zone 6. Publisher Clair King Editor Emma D. King NATIONAL IDITOIIAL |