A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

The wrious spectacle is here presented of the Court
of Queen's Bench by its injunction restraining
proceedings in the Court of Queen's Bench - the
Chief Justice on Monday awarding an injunction,
practically, to restrain the Chief Justice frorn doing
injustice on Tuesday. Sometimes too, where the
pleadings are in common law style, the court finds
itself unable to give full effect to the equitable
doctrines applicable to the case until the appearance
of the pleadings has been altered?
Two years after Ewart's pithy criticism the Legislature passed the act that made
it possible for equitable remedies to be given in common law actions. The act
specified:
For the purpose of carrying into effect the objects of
this Act, and for causing wmptete and final justice to
be done in al1 matters in question in any action on the
common law side of the court, the court or a judge
thereof, according to the circumstances of the case,
may at the trial or at any other stage of the action or
other proceeding, pronounce such judgment, or make
such order or decree as the equitable rights of the
parties respectively require, and rnay make such mie
or order as to adding third parties to proceedings,
striking out parties, or treating parties named plaintiffs
as defendants, or parties named defendants as
plaintiffs, and as to costs, and may make such
inquiries to be made and accounts to be taken as
seem reasonable and just; and may fully dispose of
the rights and matters in question as a court of equity
~ould.~
No objection was to be allowed that the plaintiff should first have sued in a court
of law.
Where a suit is instituted or where a petition is filed in the
court for the purpose of establishing the title of the plaintiff
or petitioner to any real property, no objection to such suit of
proceeding shall be allowed upon the ground that the
plaintiff or petitioner should first have sued at law, or would