Page:Black's Law Dictionary (Second Edition).djvu/442

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EQUITY FOLLOWS THE LAW

Equity follows the law. Talh. 32. Eq- uity adopts and follows the rules of law In all cases to which those rules may, in terms. be applicable. Equity. in dealing with cases of an equitable lmture adopts and folluus the analogies furnished by the rules of law. A leading nlaxun of equity Juusprudence, Which, however, is not of universal application, but liable to many exceptions. Story, Eu. Jnr. § (:4.

Equity looks upon that as done which ought to have been done. 1 Story. E11. Jun. § (Hg. Equity w1li treat the subject- matter, as to (-ullater-11 consequences and icnidents. in the same manner as if the final nus contemplated by the parties had been --\ ecuted esiuly as 1ho_\ ought to have been; not as the parties might have executed them. Id.

Equity suffers not a right without I remedy. at Bouv. Inst. no. 3726.

EQUIVALENT. In patent law. Any act or substance which is known in the arts as a proper substitute for some other not or substance employed as an element in the in- vention, whose substitution for that other act or substance does not in any manner vary the idea of means. It possesses three cbar- acterlslics: It must be capable of performing the some othce in the invention as the act or substance whose place it supplies: it must relate to the form or embodiment alone and not atfect in any degree the idea of means; and it must have been known to the arts at the date of the 1r.1tent as endowed \\ltli this capability. Duff Mfg. Co v. Forgie, b9 bed. 7 , 8 C. C. A. 261; Norton v. Jensen, 49 Fed. 868. 1 C. C. A. 452; Inlhaeuser v. Buerk. 101 U. S. (355, 25 L. Ed. 91‘); Carter Mach. ()0. v. Hanes (C. O.) 70 Fed. 859; Schillinger v. Cranford, 4 Mackey (D. (1.) 46d

EQUIVOCAL. erai meanings or senses.

Having a double or sev- See AMBIGUITY.

EQUULEUS. A kind of rack for extorting confessions.

EQUUS GOOPERTUS. A horse equipped with saddle and furniture.

ERABILIS. A maple tree. Not to be confounded with urabilis, (arable land.)

ERASTIANS. The followers of Erastus. The sect obtained much influence in England, particularly among common lawyers in the time of Selden. They held that offenses against religion and morality should be pun- isbed by the civil power, and not by the censures of the church or by excommunlcation. Wharton.

ERASURE. The obliteration of words or marks from a written instrument by rnhhing, scraping, or scratclung them out. Also the place in a document where a word or words

434

ERRATICUM

have been so removed. The term is some times used for the removal of puns of I writing by any means Whntever, as by cacnellation; but this is not an accurate IQ Cloud v. Hewitt, 5 Fed. Cas. 1,Us5; Vallicr v. Brakke, 7 S. D. 313. l3-i N. W.

ERCISGUNDUS. In the Civil law. To be divided. Jurlicittwn familur crcistunndw, a suit for the partltioa of an inheritance Inst. 4. 17, 4. An ancient phrase derived from the Twelve Tables. Caivin

EREGT. One of the formal nerds of la- cor|)or.xt,ion in royal charters. "\\e do, icnorporate, erect, ordain, name, constitute, and establish."

ERECTION. Raising up; building: a completed building. in a statute on the ‘‘erection’' of wooden buildings, this term does not include repairing, alteration. enlarging, or removal. See Show v. l:lll('lJLOC'l3 11“ Mass. 256; Martine v. Nelson, 51 Iii. . Douglass v. Com., 2 Iiawle (I’a.) 3.6-1: lirmuu v. Ilunn, 27 Conn. 334, 71 Am. Dec. 71; Mr- Gary v. People, 45 N. Y. 160.

ERGO. Lat. Therefore; hence; because.

In the civil law. Under- Cod. 4. 59.

ERGOLABI. takers of work; contractors.

ERIAGH. A term of the Irish Breiion law, denoting a pecuniary mull-t or recompense which a murderer was judiv.i.lll_\' condemned to pay to the tnmily or relanres of

his victim. 1t corresponded to the Saxon ‘"were1;ild." See 4 Bl. Comm. 318. ERIGIMUS. We erect. One of the

words by which a corporation may be on.- ated in England by the kings charter. 1 iii. Comm. 473.

ERMINE. By metouyniy. this term la used to describe the office or functions of a judge, whose state robe, lined MU: ermine, is emblomatlcal of purity and honor nltbout stain. Webster.

ERNES. In old English law. The loose scattered ears of corn that are left on the ground after the binding.

EROSION. The gradual eating away of the soil by the operation of currents or tides. Distinguished from submcrgcncc, which is tbs disappearance of the soil under the \\:li:!)[‘ and the formation of a navigable body over it Mulry v. Norton. 100 N. Y. 453. 3 N. E. 584. 53 Am. Rep. 206.

ERRANT. Wandering; itinerant: applied to justices on circuit, and hollllfs at large, etc.

ERRATICUIVI. In old law. A waif or

stray; a wandering beast. CowelL