We use Optical Character Recognition (OCR) during our scanning and processing workflow to make the content of each page searchable. You can view the automatically generated text below as well as copy and paste individual pieces of text to quote in your own work.
Text recognition is never 100% accurate. Many parts of the scanned page may not be reflected in the OCR text output, including: images, page layout, certain fonts or handwriting.
33
Pomeroy says of them (Pomeroy's Equity Jurisprudence, Sec. 121):
" It must be said of these grand principles that they are a component part of equity jurisprudence and not merely external facts or events like fraud and mistake."
Sec. 398:
" While a court of equity endeavors to promote and enforce justice, good faith, uprightness, ffiirness and conscientiousness on the part of the parties w\\o occupy a defensive position in judicial controversies, it no less stringently demands the same from the litigant parties who come before it as plaintiffs, or actors in such controversies. This fundamental principle is expiessed in the maxim 'He who comes into a court of equity must come with clean hands'; and although not the source of any distinctive doctrine it furnishes a most important and even universal rule affecting the entire administration of equity jurisprudence as a system of remedies and remedial rights."
And speaking of this particular ma.xim the learned author says at Sec. 397:
" It is, rather, a universal rule, guiding and regulating the action of equity courts in their interposition on behalf of suitois for any and evety purpose and in their administration of any and every species of n-lief."
And again at Sec. 400:
" It is sometimes said that the remedy of specific perfortn.ince i-ests with the (liscretion of the court; but rightly viewed this discretion consists mainly in applying to the plaintiff ' He who comes into a court of equity must come with clean hands.' * * *"
It is clear, we think, that this maxim is one which a court of equity is vigilant to act upon wherever the facts bring it into play. The defense of fraud set up in para