Page:Armatafragment00ersk.djvu/378

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¬and practice, could hardly miss his way in their application. ¬I cannot perhaps better illustrate those sepa- rate jurisdictions, than by selecting an instance of one of the highest of them, to vindicate the principle which seemed almost to govern them all. — Having carefully read the little book, and having found that there existed a power in this high forum to prevent a man from proceeding in a court of law, if it could be shewn that he contemplated injustice, and even to make him abandon the fruit of the most unimpeachable judgment, if obtained through fraud, I asked how such an interference could be necessary ; as in both cases the lower courts themselves might do equal justice— in the jirst, by repelling the fraud contemplated, by its own decisions ; and in the second, by reversing its own judgment, if its justice had been surprized; and that, in both instances, the same evidence which would war- rant the interference of an equitable tribunal, ought equally to defeat the action in a court of ¬law; ¬